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ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1994-1995 

ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 442 

(Council Bill No. 716) 

AN ORDINANCE concerning 

PREVAILING WAGE 

FOR the purpose of requiring contracts for goods and 

services, including professional services, to conform 
to the r e quir e m e nts r e lating to hours and provailing 
wag e s for construction contracts provide for the 
payment of a prevailing wage . 

BY repealing and reordaining wi^ without amendments 
Article 1 - Mayor, City Council, and Mimicipal 

Agencies 
Subtitle - Contracts - Hours and Wages to be under 

the new heading "Construction 

Contracts" 
Section 19 (First paragraph) 
Baltimore City Code (1983 Replacement Volume, as 

amended) 

BY adding 

Article 1 - Mayor, Gty Council, and Municipal 

Agencies 
Subtitie - Contracts - Hours and Wages to be under 

the new heading "Service Contracts" 
Section 26A 
Baltimore City Code (1983 Replacement Volume, as 

amended) 



Ord. 442 



BY authority of 
Article II 
Section (4) 
Baltimore Qty Charter (1964 Revision, as amended) 

PREAMBLE 

WHEREAS, It is the purpose of this Ordinance to 
provide for a prevailing minimum hourly wage rate for 
workers employed by vendors who are awarded service 
contracts for certain services; and 

W HEREAS. Upon e nactment of this Ordinanc e a 
pr e vailing minimum hourly wag e rat e of $6.10 shall apply 
to s e rvic e contracts beginning July 1, 1995; and 

WHEREAS, It is the intent of this Ordinance to 
require vendors who are awarded professional contracts 
to pay their non-professional employees the prevailing 
minimum hourly wage rate provided for under this 
Ordinance; and 

WHEREAS, This Ordinance will also provide for 
enforcement through the Wage Commission and the 
Board Of Estimates in the same manner that the 
prevailing wage for construction contracts are enforced; 
now, therefore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That SectionCs) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 1 - Mayor, Qty Council, and Municipal Agencies 
Contracts - Hours and Wages 
CONSTRUCTION CONTRACTS 

19. Requirements for certain contracts with the Qty. 



Ord. 442 



Each and every contract in excess of five thousand 
dollars ($5,000.00) (hereinafter referred to [the] AS "the 
contract") made by the Mayor and Qty Council of 
Baltimore (hereinafter referred to as "the Qty"), or on its 
behalf, with any person, firm or corporation for:(l) the 
construction, reconstruction, erection, conversion, 
installation, alteration, repair, maintenance, renovation, 
razing, demolition, moving, removing, grading, paving, 
repaving, curbing, filling, excavation or any other 
operation or work to be done or performed in, on, upon 
or in connection with any building, bridge, viaduct, 
tuimel, tower, stack or other structure, airport, land, 
highway, pier, wharf, sewer, drain, main, conduit, 
machinery or mechanical, electrical or other equipment 
for said municipaUty; AND (2) THE PURCHASE OF ANY 
GOODS OR SERVICES, INCLUDING PRQFESSIONx^L 
SERVICES, shall contain the follovmg provisions: 

SERVICE CONTRACTS 

26A. SERVICE CONTRACTS WITH THE CITY. 

CA) AS USED IN THIS HEADING THE FOLLOWING 
TERMS HAVE THE MEANINGS INDICATED UNLESS THE 
CONTEXT CLEARLY REQUIRES A DIFFERENT MEANING: 

CD "INDEX" MEANS THE MOST RECENT 
AVAILABLE FIGURE STATED IN THE PUBLICATION 
"POVERTY IN THE UNITED STATES", PUBLISHED BY 
THE BUREAU OF THE CENSUS AND UPDATED ON AN 
ANNUAL BASIS, WHICH DEFINES THE NATIONAL 
POVERTY LEVEL FOR A FAMILY OF 4. 

(2) "PERSON" MEANS ANY INDIVIDUAL. 
BUSINESS ENTITY, CORPORATION, PARTNERSHIP, 
JOINT VENTURE. 

(3) "PREVAILING MINIMUM HOURLY WAGE 
RATE" MEANS THE RATE ESTABLISHED BY THE BOARD 
OF ESTIMATES AS THE MINIMUM HOURLY WAGE RATE 
THAT SHALL BE PAID A WORKER EMPLOYED BY A 
SERVICE CONTRACTOR AND PROFESSIONAL SERVICES 



Ord. 442 



CONTRACTOR PURSUANT TO THE FORMULA SET 
FORTH IN SUBSECTION CH) OF THIS SECTION. 

(4) "SERVICE CONTRACT MEANS A 
CONTRACT DESIGNATED BY THE BOARD OF 
ESTIMATES ON THE RECOMMENDATION OF THE CITY 
PURCHASING AGENT AS A SERVICE CONTRACT THAT 
IS AWARDED TO A SERVICE CONTRACTOR. 

C5) '^SERVICE CONTRACTOR'^ MEANS THE 
PERSON AWARDED A CITY SERVICE CONTRACT AND 
INCLUDES ALL SUBCONTRACTORS OF SERVICE 
CONTRACTORS. 

(6) "SERVICE WORKER" MEANS ANY NON- 
PROFESSIONAL EMPLOYEE OF A SERVICE 
CONTRACTOR. AS DEFINED BY THE BOARD OF 
ESTIMATES. 

IB) 8 HOURS SHALL CONSTITUTE A REGULAR 
WORK DAY FOR EVERY INDIVIDUAL WORKING 
DIRECTLY FOR ANY SERVICE CONTRACTOR OR 
SUBCONTRACTOR ENGAGED IN THE PERFORMANCE 
OF A SERVICE CONTRACT. 

(O EMPLOYEES OF SERVICE CONTRACTORS 
SHALL BE CLASSIFIED AS SERVICE WORKERS OR NON- 
SERMCE WORKERS AS SPECIFICALLY SET FORTH IN 
THE CONTRACT, PURSUANT TO THE CLASSIFICATION 
SCHEDULE ESTABUSHED BY THE BOARD OF 
ESTIMATES. 

(D) (1) EVERY SERVICE WORKER SFLUL BE PAID 
NOT LESS OFTEN THAN BI-WEEKLY, AND WITHOUT 
SUBSEQUENT DEDUCTION OR REBATE ON ANY 
ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS 
ARE DIRECTED OR PERMFTTED BY LAW, BY A 
COLLECTIVE BARGAINING AGREEMENT. OR BY 
SPECIFIC WRITTEN AUTHORIZATION FROM AN 
EMPLOYEE). THE FULL AMOUNT DUE AT THE TIME OF 
PAYMENT COMPUTED AT WAGE RATES NOT LESS 
THAN THE PREVAILING MINIMUM HOURLY WAGE 



Ord. 442 



RATE ESTABUSHED BY THE BOARD OF ESTIMATES 
AND SET FORTH IN THE SERVICE CONTRACT. 

CD A SERVICE WORKER SHALL NOT BE 
PAID LESS THAN THE AMOUNT ESTABUSHED BY THE 
BOARD OF ESTIMATES FOR THE PREVAILING 
MINIMUM HOURLY WAGE RATE FOR A SERVICE 
CONTRACT. 

riD A COPY OF THE PREVAILING 
MINIMUM HOURLY WAGE RATE FOR THE SERVICE 
CONTRACT SHALL BE KEPT POSTED BY THE SERVICE 
CONTRACTOR AT THE SITE OF THE WORK IN A 
PROMINENT PLACE WHERE IT CAN BE EASILY SEEN 
AND READ BY THE SERVICE WORKERS AND IT SHALL 
BE SUPPLIED TO THE SERVICE WORKER AT THE 
REQUEST OF THE SERVICE WORKER WITHIN A 
REASONABLE PERIOD OF TIME AFTER THE REQUEST. 

(2) THE SERVICE CONTRACTOR SHALL PAY 
THE SERVICE WORKER COMPENSATION AT THE 
OVERTIME RATES ESTABUSHED BY THE BOARD OF 
ESTIMATES, WHICH SHALL NOT BE LESS THAN ONE 
AND ONE-HALF TIMES THE REGULAR HOURLY RATE 
OF PAY, FOR ALL HOURS WORKED IN EXCESS OF 
EIGHT HOURS IN ANY WORK DAY, OR FORTY HOURS 
IN ANY WORK WEEK 

CD OVERTIME HOURS, HOWEVER, 
SHALL NOT BE COMPENSATED FOR MORE THAN ONCE 
AND OVERTIME SHALL BE PAID ONLY ON THE 
REGULAR HOURLY RATE OF PAY AND NOT ON THE 
FRINGE BENEFITS, OTHER PERSONNEL COSTS, OR 
THEIR CASH EQUIVALENTS. 

C3) IN THE EVENT THAT ANY SERVICE 
WORKER IS PAID LESS THAN THE COMPENSATION TO 
WHICH THE SERVICE WORKER IS ENTITLED TO UNDER 
THIS SECTION, THE SERVICE CONTRACTOR SHALL 
MAKE RESTITUTION TO THE SERVICE WORKER FOR 
THE AMOUNT DUE, AND SHALL FORFEIT AND PAY TO 
THE CITY A PENALTY IN THE AMOUNT OF $50 PER 
DAY FOR EACH EMPLOYEE SO UNDERPAID, PROVIDED. 



Ord. 442 



HOWEVER, THAT THE PENALTY SHALL NOT BE 
ASSESSED FOR WAGE VIOLATIONS TO ANY 
INDIVIDUAL WHICH AMOUNT TO A TOTAL OF LESS 
THAN $1 IN ANY PAYROLL PERIOD. EACH DAYS 
VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. 

C4) ON RECOMMENDATION OF THE WAGE 
COMMISSION WHEN A SERVICE CONTRACTOR HAS 
PAID FINES ON MORE THAN 3 SERVICE CONTRACTS IN 
A 2 YEAR PERIOD, THE BOARD OF ESTIMATES MAY 
PROHIBIT A SERVICE CONTRACT VENDOR FROM 
PARTICIPATING IN THE BED PROCESS FOR UP TO 3 
YEARS. 

C5) ANY SERVICE WORKER MAY WITHIN 1 
YEAR FROM THE DATE OF THE INCIDENT FILE A 
PROTEST IN WRITING WITH THE WAGE COMMISSION 
OBJECTING TO THE AMOUNT OF WAGES PAID FOR 
SERVICES PERFORMED BY THE SERVICE WORKER ON A 
SERVICE CONTRACT AS BEING LESS THAN THE 
PREVAILING MINIMUM HOURLY WAGE RATE FOR 
SUCH SERVICES. 

CD A SERVICE CONTRACTOR SHALL 
NOT DISCHARGE, REDUCE THE COMPENSATION OR 
OTHERWISE DISCRIMINATE AGAINST ANY SUCH 
SERVICE WORKER FOR MAKING A COMPLAINT TO THE 
WAGE COMMISSION, PARTICIPATING IN ANY OF ITS 
PROCEEDINGS OR USING OF ANY CIVIL REMEDIES. IN 
SUCH A CASE, THE WAGE COMMISSION MAY, 
PURSUANT TO SIMILAR PROCEDURES AS PROVIDED IN 
ARTICLE 19, SECTION 70 OF THE BALTIMORE CITY 
CODE C1983 REPLACEMENT VOLUME, AS AMENDED), 
ORDER APPROPRL\TE RESTITUTION AND THE 
REINSTATEMENT OF SUCH EMPLOYEE WITH BACK PAY 
TO THE DATE OF VIOLATION. 

CE) (1) THE SERVICE CONTRACTOR SHALL 
MAINTAIN PAYROLLS AND BASIC RECORDS RELATING 
THERETO DURING THE COURSE OF THE WORK AND 
SHALL PRESERVE THEM FOR A PERIOD OF THREE 
YEARS THEREAFTER FOR ALL SERVICE WORKERS 
WORKING DIRECTLY UPON THE SERVICE CONTRACT. 



Ord. 442 



THE RECORDS SHALL CONTAIN THE NAME AND 
ADDRESS OF EACH SERVICE WORKER, THE SERVICE 
WORKER'S CLASSIFICATION IN ACCORDANCE WITH 
THE CLASSIFICATIONS FIXED IN THE CONTRACT, THE 
NUMBER OF HOURS WORKED EACH DAY, THE 
PREVAILING MINIMUM HOURLY WAGE RATE, THE 
GROSS WAGES, DEDUCTIONS MADE, ACTUAL WAGES 
PAID, A COPY OF THE SOCIAL SECURITY RETURNS 
AND EVIDENCE OF PAYMENT THEREOF, A RECORD OF 
FRINGE BENEFIT PAYMENTS INCLUDING 
CONTRIBUTIONS TO APPROVED PLANS, FUNDS OR 
PROGRAMS AND/OR ADDITIONAL CASH PAYMENTS, 
AND SUCH OTHER DATA AS MAY BE REQUIRED BY 
THE BOARD OF ESTIMATES FROM TIME TO TIME. 

(2) THE SERVICE CONTRACTOR SHALL 
SUBMIT 2 COMPLETE COPIES OF THE PROJECT 
PAYROLLS AND THE PROJECT PAYROLLS OF EACH 
SUBCONTRACTOR, CONSECUTIVELY NUMBERED, NOT 
LATER THAN 14 DAYS FROM THE END OF THEIR 
RESPECTIVE PAYROLL PERIODS, ONE COPY TO BE 
SENT TO THE CONTRACTING AGENCY, THE OTHER TO 
THE WAGE COMMISSION WHERE THE SAME WILL BE 
AVAILABLE FOR PUBLIC INSPECTION DURING 
REGULAR BUSINESS HOURS. THE PROJECT PAYROLLS 
SHALL CONTAIN THE NAME OF THE PRIME SERVICE 
CONTRACTOR AND ANY SUBCONTRACTOR, IF ANY, A 
DESIGNATION OF THE PROJECT AND LOCATION, THE 
NAME, SOCIAL SECURITY NUMBER AND OCCUPATION 
OF EACH EMPLOYEE, THE CLASSIFICATION IN 
ACCORDANCE WITH THE CLASSIFICATIONS FDCED IN 
THE CONTRACT, THE NUMBER OF HOURS WORKED 
DAILY BY THE SERVICE WORKER AT STRAIGHT TIME 
AND AT OVERTIME AND THE HOURLY WAGE RATE 
FOR EACH, THE GROSS WAGES PAID TO THE SERVICE 
WORKER PER PAY PERIOD, AND SUCH OTHER DATA AS 
MAY BE REQUIRED BY THE BOARD OF ESTIMATES 
FROM TIME TO TIME. THE PRIME SERVICE 
CONTRACTOR SHALL BE RESPONSIBLE FOR THE 
SUBMISSION OF ALL SUBCONTRACTORS' PAYROLLS 
COVERING WORK PERFORMED. EACH COPY OF THE 
PAYROLL SHALL BE ACCOMPANIED BY A STATEMENT 
SIGNED BY THE CONTRACTOR OR THE 



Ord. 442 



SUBCONTRACTOR, AS THE CASE MAY BE, INDICATING 
THAT THE PAYROLL IS CORRECT, THAT THE WAGE 
RATES CONTAINED THEREIN ARE NOT LESS THAN 
THOSE ESTABUSHED BY THE BOARD OF ESTIMATES 
AS SET FORTH IN THE CONTRACT, THAT THE 
CLASSIFICATION SET FORTH FOR EACH SERVICE 
WORKER CONFORMS WITH THE WORK THAT THE 
SERVICE WORKER PERFORMED, AND THAT THE 
SERVICE CONTRACTOR HAS COMPLIED WITH THE 
PROVISIONS OF THIS HEADING. 

C3) IF TFIE SERVICE CONTRACTOR IS 
DELINOUENT IN SUBMITTING ANY PAYROLLS, 
PROCESSING OF PARTLY PAYMENT ESTIMATES MAY 
BE HELD IN ABEYANCE PENDING RECEIPT OF THE 
PAYROLLS, IN ADDITION, IF THE CONTRACTOR IS 
DELINOUENT IN SUBMITTING PAYROLLS, THE SERVICE 
CONTRACTOR SHALL FORFEIT AND PAY TO THE CITY 
A PENALTY IN THE AMOUNT OF $10 FOR EACH 
CALENDAR DAY THAT THE PAYROLL IS LATE. A 
PAYROLL SHALL MEAN THE COMBINED PAYROLLS OF 
THE CONTRACTOR AND ALL SUBCONTRACTORS IN 
ANY ONE PAY PERIOD. 

IQ THE CITY MAY WITHHOLD OR CAUSE TO BE 
WITHHELD FROM THE SERVICE CONTRACTOR SO 
MUCH OF THE ACCRUED PAYMENTS AS MAY BE 
CONSIDERED NECESSARY CI) TO PAY THE SERVICE 
WORKERS EMPLOYED BY THE SERVICE CONTRACTOR 
THE FULL AMOUNT OF WAGES REQUIRED BY THE 
PROVISIONS OF THIS HEADING: AND (2) TO SATISFY 
ANY LL^BILITY OF ANY CONTRACTOR FOR ANY 
PENALTIES AS PROVIDED HEREIN. THE CITY MAY 
ALSO WITHHOLD PAYMENTS FROM ANY SERVICE 
CONTRACTOR WHO HAS FAILED TO POST AND KEEP 
POSTED A COPY OF THE PREVAILING MINIMUM 
HOURLY WAGE RATE AS REQUIRED HEREIN, UNTIL 
SUCH DEFAULT SHALL HAVE BEEN CORRECTED. 

CG) CI) IT SHALL BE THE RESPONSIBILITY OF 
THE CONTRACTING AGENCY TO PROMPTLY EXAMINE 
ALL WEEKLY PROJECT PAYROLLS SUBMITTED BY 
SERVICE CONTRACTORS WORKING ON A SERVICE 



Ord. 442 



CONTRACT FOR COMPLIANCE WITH THE PROVISIONS 
OF THIS HEADING AND THE REGULATIONS 
PROMULGATED IN PURSUANCE THEREOF AND TO 
REPORT ANY ERREGULARTTIES TO THE WAGE 
COMMISSION. 

(2) THE WAGE COMMISSION SHALL CAUSE 
INVESTIGATIONS TO BE MADE AS MAY BE NECESSARY 
TO DETERMINE WHETHER THERE HAS BEEN 
COMPLIANCE WITH THE PROVISIONS OF THIS 
HEADING AND THE REGULATIONS PROMULGATED 
THEREUNDER, AND CONTAINED IN THE CONTRACT. 
THE SERVICE CONTRACTOR SHALL PERMIT 
REPRESENTATIVES OF THE CITY TO OBSERVE WORK 
BEING PERFORMED UPON THE WORK SITE, TO 
INTERVIEW SERVICE WORKERS AND TO EXAMINE THE 
BOOKS AND RECORDS RELATING TO THE PAYROLLS 
ON THE PROJECT BEING INVESTIGATED TO 
DETERMINE THE CORRECTNESS OF CLASSIFICATIONS 
AND ANY PAYMENT OF PROPER REGULAR AND 
OVERTIME RATES AS REQUIRED. COMPLAINTS OF 
ALLEGED VIOLATIONS SHALL BE INVESTIGATED 
PROMPTLY AND STATEMENTS, WRITTEN OR ORAL, 
MADE BY A SERVICE WORKER SHALL BE TREATED AS 
CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO 
THE SERVICE CONTRACTOR WITHOUT THE CONSENT 
OF THE SERVICE WORKER. IF NECESSARY FOR THE 
ENFORCEMENT OF THIS HEADING, THE WAGE 
COMMISSION MAY ISSUE SUBPOENAS, COMPEL THE 
ATTENDANCE AND TESTIMONY OF WITNESSES AND 
THE PRODUCTION OF BOOKS, PAPERS, RECORDS, AND 
DOCUMENTS RELATING TO PAYROLL RECORDS 
NECESSARY FOR HEARINGS, INVESTIGATIONS, AND 
PROCEEDINGS. ANY SUCH SUBPOENA SHALL BE 
SERVED BY THE SHERIFF OF BALTIMORE CITY. IN 
CASE OF DISOBEDIENCE TO SUBPOENA, THE WAGE 
COMMISSION MAY APPLY TO A COURT OF 
APPROPRIATE JURISDICTION FOR AN ORDER 
REQUIRING THE ATTENDANCE AND TESTIMONY OF 
WITNESSES AND THE PRODUCTION OF BOOKS, 
PAPERS, RECORDS AND DOCUMENTS. SAID COURT IN 
CASE OF CONTUMACY OR REFUSAL TO OBEY ANY 
SUCH SUBPOENA, AFTER NOTICE TO THE PERSON 



Ord. 442 



SUBPOENAED, AND UPON FINDING THAT THE 
ATTENDANCE OR TESTIMONY OF SUCH WITNESSES OF 
THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORD 
AND DOCUMENTS, AS THE CASE MAY BE, IS RELEVANT 
OR NECESSARY FOR SUCH HEARINGS, 
INVESTIGATIONS OR PROCEEDINGS OF THE WAGE 
COMMISSION, MAY ISSUE AN ORDER REQUIRING THE 
ATTENDANCE OR TESTIMONY OF SUCH WITNESSES 
OR THE PRODUCTION OF SUCH ORDER OF COURT 
MAY BE PUNISHABLE BY THE COURT AS CONTEMPT 
THEREOF. 

(3) IN THE EVENT THE BOARD OF 
ESTIMATES SHALL DETERMINE, UPON 
RECOMMENDATION FROM THE WAGE COMMISSION 
AFTER NOTICE AND HEARING, THAT ANY SERVICE 
CONTRACTOR HAS FAILED TO PAY THE MINIMUM 
WAGE RATE OR HAS OTHERWISE VIOLATED THE 
PROVISIONS OF THIS HEADING AND THAT SUCH 
FAILURE WAS INTENTIONAL, NO CONTRACT SHALL BE 
AWARDED TO SUCH SERVICE CONTRACTOR, OR TO 
ANY PERSON IN WHICH SUCH SERVICE CONTRACTOR 
HAS AN INTEREST UNTIL 1 YEAR HAS ELAPSED FROM 
THE DATE OF SUCH DETERMINATION, AND PROVIDED, 
FURTHER, THAT ANY SUCH INTENTIONAL VIOLATION 
OF THE PROVISIONS OF THIS HEADING SHALL BE A 
MISDEMEANOR, PUNISHABLE UPON CONVICTION BY A 
FINE OF NOT MORE THAN $500. PROCEEDINGS 
BEFORE THE WAGE COMMISSION SHALL NOT BE 
CONSIDERED A PRE-CONDITION TO CRIMINAL 
PROSECUTION UNDER THIS HEADING. 

(H) m EFFECTIVE JULY 1, 1995, THE INHTAL 
PREVAILING MINIMUM HOURLY WAGE RATE SHALL BE 
ESTABUSHED AqP4444^ BY RESOLUTION OF THE 
BOARD OF ESTIMATES. 

(2) BY DECEMBER 15, 1995, AND EACH 
YEAR THEREAFTER BY THAT DATE, THE WAGE 
COMMISSION SHALL RECOMMEND TO THE BOARD OF 
ESTIMATES A REVISED PREVAILING MINIMUM HOURLY 
WAGE RATE FOR THE NEXT FISCAL YEAR. THIS RATE 
SHALL BE BASED UPON THE INDEX AND OTHER SUCH 



10 



Ord. 442 



FACTORS AS THE COMMISSION IS AUTHORIZED TO 
CONSIDER. 

C3) THE ONGOING GOAL IS TO ACHIEVE A 
RATE WHICH EXCEEDS THE POVERTY LEVEL AS 
DEFINED IN THE INDEX. FOR THE FIRST FOUR YEARS 
OF THE EFFECTIVE DATE OF THIS ORDINANCE, THE 
CnrS GOAL IS to phase in an HOURLY WAGE RATE 
OF $7.70 BY FISCAL YEAR 1999, USING THE 
FOLLOWING TIMETABLE: 

FISCAL YEAR WAGE RATE 

1996 $6.10 

1997 $6.60 

1998 $7.10 

1999 $7.70 

CD AS A MATTER OF POLICY ITIS A CONTINUING 
GOAL TO SUBMIT BIDS BASED ON A 40 HOUR WORK 
WEEK FOR SERVICE WORKERS. 

(J) THE BOARD OF ESTIMATES AND THE WAGE 
COMMISSION SHALL ADMINISTER AND ENFORCE THE 
PROVISIONS OF THIS HEADING IN THE SAME MANNER 
THAT THE BOARD OF ESTIMATES AND THE WAGE 
COMMISSION ADMINISTER AND ENFORCE THE 
PROVISIONS OF THE CONSTRUCTION CONTRACTS 
HEADING OF THIS SUBTITLE. 

(K) THE PROVISIONS OF THIS HEADING 
SHALL APPLY EXCLUSIVELY TO SERVICE CONTRACTS 
AND SHALL NOT BE CONSTRUED TO CONFUCT WITH 
THE HEADING ON CONSTRUCTION CONTRACTS OR 
ANY PROVISIONS ON CONSTRUCTION CONTRACTS AS 
PROVIDED IN THIS SUBTITLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 13, 1994 

KURT L. SCHMOKE, Mayor 



11 



Ord. 443 

CITY OF BALTIMORE 

ORDINANCE NO. 443 

(CouncU Bill No. 733) 

AN ORDINANCE concerning • 

ZONING CODE - ADULT ENTERTAINMENT BUSINESSES 

FOR tlie purpose of including Class B magazin e or book 
stores and poop show e stablishments as adult 
e ntertainment busin e sses r e quiring an Adult 
Ent e rtainm e nt Business lic e nse to operat e ; providing 
for the r e gulation removal of non-conforming adult 
entertainment business signs after 3 years ; providing 
for standards for conditional uses for adult 
entertainment businesses; changing the hours when 
live adult entertainment is permitted; repealing 
temporary permits: requiring a license rather than a 
permit for adult entertainment businesses; providing 
a procedure for the issuance, denial, suspension, or 
revocation of a license; and defining certain terms. 

BY repealing and reordaining with amendments 
Ordinance No. 258 
Approved August 10, 1994 
By adding 2 new paragraphs to the preamble 

BY adding 

Article 30 - Zoning 

Sections 6.5 le and 8.0-6m. 10.0-4 f. 11.0-6e 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Sections 6.5 Id 13, 6.5 2c, 8.0 61, 10.0- 3b-7, 11.0 3 . 

€-^ 11.0 3d 3 CIO. 11.0 3o 2(]), 11.0-4b-6. 

11.0 5a 11.0-6d (new paragraph to ^ 6d 

only), 11.0-8, and 13.0-2-3a 
Baltimore City Code (1983 Replacement Volume, as 

amended) 



12 






Ord. 443 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the following 
paragraph be and it is hereby added to Ordinance 258, 
approved August 10, 1993, to come after the third 
paragraph of the Preamble to read as follows: 

WHEREAS. THE MAYOR AND CITY COUNCIL OF 
BALTIMORE DESIRES TO MINIMIZE EXPOSURE OF 
MINORS TO THE ACTIVITIES OF AND MERCHANDISE 
SOLD AND DISPLAYED BY CLASS B MAGAZINE AND 
BOOKSTORES, PEEP SHOWS AND ADULT 
ENTERTAINMENT BUSINESSES: AND 

SEC. 2. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the fifth paragraph 
of the Preamble to Ordinance 258, approved August 10, 
1993, be and it is hereby repealed and reordalned with 
amendments to read as follows: 

WHEREAS, There is also evidence that Adult 
Entertainment Businesses located in close proximity to 
each other contribute to neighborhood and business 
community blight and lessen the quality of life AND 
ADVERSELY AFFECT PROPERTY VALUES in the area: 
and". 

SECTION 4 3. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That Section(s) of 
the Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.5 B-5 Central Commercial District. 

1. Use regulations. 

d. Notwithstanding other provisions of tliis 
ordinance, the following uses as conditional uses shall 
require authorization by ordinance of the Mayor and Qty 



13 



Ord. 443 

Council subject to the requirements and provisions of 
Section 11.0-6d: 

13. Adult Entertainment Businesses - 
located at least 300 feet from 
another Adult Entertainment 
Business , CLASS B MAG^VZINE OR 
BOOK STORE, OR PEEP SHOW 
ESTABLISHMENT . 

E. A DECISION OF THE CITY COU^;CIL 
REG.\RDP^JG Ahl x\PPLICi\TION FOR A CO>JDrnONx^L 
USE ORDINA>JCE FOR THE USES LISTED LN SUB 
SECTIONS D.ll, 13 A^ . T) 13 OF THIS SECTION 6.5, 
SH . \LL BE A FIN.\L DECISION AND SR^LL BE SL^JECT 
TO JUDICIAL RE\aEW . ^ IN ACCORD.VNCE VMTH THE 
PROVISIONS OF SECTION 11.0 3L OF THIS ORDIN/UJCE. 

2. Bulk regulations. 

c. No individual Adult Entertainment 
Business , CLASS B MACOZIN^ OR BOOK STOPJl, OR 
PEEP SHOW ESTABLISH^4E^^^ shall utilize for use as 
adult entertainment OR CL^SS B MAGAZI^ . ^ OR BOOK 
STOPJ: or peep show EST^^xBLISHMENT a total floor 
area of more than 3,000 square feet in the premises. 

Chapter 8 - Non-Conformance 

8.0-6 Non-conforming status of certain uses. 

L. Any Adult Entertainment Business , CLASS B 
MAG.\ZINE OR BOOK STORE, OR PEEP SHOW 
ESTABLIS HMENT existing on the effective date of this 
sub-section shall be considered a non-conforming use and 
subject to all Gass 3 regulations. 

M. ANY LAWFUL NON-CONFORMING SIGN 
USED IN CONNECTION WTTH AN ADULT 
ENTERTAINMENT BUSINESS. INCLUDING CLASS B 
MAGAZINE OR BOOK STORE, OR PEEP SHOW 
ESTABLISHMENT MAY BE CONTINUED FOR 3 YEARS 
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, OR 



14 



Ord. 443 



SUCH LATER DATE THAT ANY SIGN BECOMES NON- 
CONFORMING, PROVIDED THAT AFTER THE 
EXPIRATION OF THE THREE-YEAR PERIOD SUCH NON- 
CONFORMING SIGNS SHALL BE REMOVED AND 
TERMINATED OR SHALL BE ALTERED OR CONVERTED 
TO SIGNS PERMITTED IN THE DISTRICT IN WHICH 
THEY ARE LOCATED. 

Chapter 10 - Sign Regulations 

10.0-3 Signs in Business and Industrial Districts. 

b. The following types of signs, subject to the 
limitations prescribed for them, shall be permitted for 
uses authorized as principal or conditional uses in 
Business and Industrial Districts: 

7. Special standards for adult entertainment 
businesses, including peep shows, and 
Qass B book stores: 

ONLY THE FOLLOWING BUSINESS AND 
IDENTIFICATION SIGNS ARE 
PERA^HTED PROHIBITED FOR ADULT 
ENTERTAINMENT BUSINESSES, 
INCLUDING PEEP SHOWS AND CLASS B 
MAGAZINE OR BOOK STORES, AND 
PEEP SHOWS, SUBJECT TO THE 
STANDARDS OF THIS PARAGRAPH 7 
AND TO ALL OTHER REQUIREMENTS 
IN THIS CHAPTER 10: 

(a) No [moving, flashing, or blinking 
lights of any kind, or] neon lights 
that depict adult entertainment. 

Cb) No posters, photographs, sketches, 
painted or laminated signs or 
similar materials on the exterior of 
the building or displayed in 
windows that depict or illustrate 
adult entertainment. 



15 



Ord. 443 



[(c) No sign may project more than 12 
inches beyond the primary surface 
of any building.] 

[(d)] (Q No free standing signs on or 
adjacent to the premises may 
identify or advertise an Adult 
Entertainment Business , CLASS B 
MAGAZINE OR BOOK STORE, OR 
P EEP SHOW ESTABUSHMENT . 

10.0 ^ R e gulationc applying to non conforming signs. 

(F) ANY LAWFUL NON CO^JFORMI^JG 
SIGN USED I>J CON>JEGTION WITH i^N 
ADULT E>JTERTiMNMENT BUSINESS, 
CLASS B Mi^GAZINE OR BOOK STORE, 
OR PEEP SHOW ESTABLISHME^^r IVL^Y 
BE CO^JTINUED FOR 5 YK^cS AF FER 
THE EFFECTIVE DATE OF THIS 
SUBSECTION, OR SUCH L^TER Dx^TE 
THi^T ANY SIGN BECO^/IES NON 
CO^JFORMI^JG, PROVIDED THI^T x^FTER 
THE EXPIRATION OF THE FI\^ YEx^. 
PERIOD SUCH NON CO>n^ORMING 
SIGNS SHALL BE REIV^O\^ED x^JD 
TERMINATED OR SHx^LL BE x^LTERED 
OR COmnERTED TO SIGNS PEPJ . /inTED 
IN THE DISTRICT I^J WHICH THEY x ^ VRE 
LOCATED. 

Chapt e r 11 — Administration and Enforc e ment 

11.0 3 Th e Board of Municipal and Zoning App e als. 

c 3 Conditional Us e s. Adult Entertainment 
Bucinossoc, CL^SS B MAGx^ZI^;E OR BOOK STORES, OR 
PEEP SHOW ESTABLISHME^^^S. 

— Th e Board, prior to granting a conditional us e BY 
THE CITY COU^JCIL PURSUANT TO SECTION 6.5(1) (D) 
OF THIS ORDIN^^CE, shall WITHIN 100 Dx ' VYS OF ITS 
RECEIPT OF THE APPLICABLE x^PPLIG^TION: 



16 



I 



Ord. 443 



1. InvGstigatG th e distance betwe e n tho 
propoced us e and existing Adult 
Ent e rtainm e nt Busin e sses, CLASS -S 
MAGx^ZINE OR BOOK STORES, OR PEEP 
SHOW ESTABUSHMENTS in tho area to 
d e t e rmin e if there will b e a n e gativ e 
impact on th e community; 

2. Consider tho relationship of th e 
propos e d use to r e sid e nc e s, e ducational 
institutions (including collogos and 
univ e rsiti e s) and r e ligious institutions, 
within 300 f ee t, and det e rmin e that the 
adult us e shall not impair public saf e ty 
or th e general w e lfar e ; [and] 

3. R e vi e w the writt e n application and all 
attach e d docum e nts. 

1. SUBMIT ITS FINDI^JGS TO THE CITY 
COUNCIL. 

d. Sp e cial e xc e ptions. 

3. Authorizod sp e cial exc e ptions. Special 
e xc e ptions from th e r e gulations of this 
ordinance shall b e in accordanc e with th e 
standards e stablish e d in S e ction 11.0 5B of 
this chapter, and may b e grant e d by The Board 
only in tho following instanc e s, and in no 
oth e rs: 

(k) To authoriz e in the B 5 district only a 
50 p e rcent r e duction in th e 300 foot 
distanc e and s e paration requir e m e nt 
b e tw e en Adult Ent e rtainment Business e s, 
CLASS B MAGAZINE OR BOOK STOPlES, 
OR PEEP SHOW E$TI^B^SHME^^^S, 
[book and magazin e stores and similar 
e stablishments (Class B) or poop show 
e stablishments]. 

e . Variances. 



17 



Ord. 443 



2. Authoriz e d varianc e s. Variancoc from tho 
r e gulations of this ordinanc e shall b e in accordanc e with 
th e standards e stablish e d in Section 11.0 5c of this 
chapt e r, and may b e grant e d by The Board only in the 
following instanc e s, and in no oth e rs: 

(j) To authoriz e in th e B 5 District only a 
50 p e rc e nt r e duction in the 300 foot 
distanc e and s e paration requir e m e nt 
b e tw ee n Adult Ent e rtainm e nt Busin e sses, 
CLASS B MAGAZINE OR BOOK STORES, 
OR PEEP SHOW ESTABUSHME^^^S[, 
book and magazin e stor e s and similar 
e stablishm e nts (Class B) or poop show 
estabhshments]. 

11.0 5 ST.^ND.^RDS. 

— a. Standards for conditional us e s 

IN THE CASE OF AN ADULT 
E>JTERTAINMENT BUSI^JESS, CLx^SS B MAGi^ZINE OR 
BOOK STORE, OR PEEP SHOW EST.^BLISHMENT, IN 
ADDITION TO THE STA^JDx^RDS ENUMERi^TED IN SUB 
SECTIONS A.1 THROUGH A. 13, THE BOx^RD SHALL 
CONSIDER THE ADVERSE SECONDi^RY EFFECTS ON 
THE COMMUNITY. 

11.0-4 The Planning Commission. 

b. Jurisdiction. 

6. IN REVIEWING A CITY COUNCIL BILL 
PROPOSING AN ADULT ENTERTAINMENT 
BUSINESS AS A CONDITIONAL USE THE 
COMMISSION SHALL: 

A. INVESTIGATE THE DISTANCE 
BETWEEN THE PROPOSED USE AND 
EXISTING ADULT ENTERTAINMENT 
BUSINESS IN THE AREA TO 
DETERMINE IF THERE WILL BE A 



18 



Ord. 443 



NEGATIVE IMPACT ON THE 
COMMUNITY; 

B. CONSIDER THE RELATIONSHIP OF 
THE PROPOSED USE TO RESIDENCES, 
EDUCATIONAL INSTITUTIONS 
(INCLUDING COLLEGES AND 
UNIVERSITIES) AND RELIGIOUS 
INSTITUTIONS, WITHIN 300 FEET, AND 
DETERMINE THAT THE ADULT USE 
SHALL NOT IMPAIR PUBUC SAFETY OR 
THE GENERAL WELFARE; 

C. REVIEW THE WRITTEN APPLICATION 
AND ALL ATTACHED DOCUMENTS: 
AND 

D. PROMPTLY SUBMIT ITS FINDINGS 
TO THE CITY COUNCIL. 

11.0-6 Amendments. 

d. Conditional uses by authority of the Gty Council. 

1. No conditional use shall be authorized 
unless the Board OR THE CITY COUNCIL finds 
in each specific case that the establishment, 
maintenance, or operation of the conditional 
use will not be detrimental to or endanger the 
public health, security, general welfare, or 
morals, and as a further sruide to their decision 
upon the facts of each case, they shall give 
consideration to the following, where 
appropriate: 

IN THE CASE OF AN ADULT 
ENTERTAINMENT BUSINESS INCLUDING 
CLASS B MAGAZINE OR BOOK STORES OR 
PEEP SHOW ESTABUSHMENTS, IN 
ADDITION TO THE STANDARDS 
ENUMERATED IN SECTIONS 11.05-al 
THROUGH 11.05-al2, THE CITY COUNCIL 
SHALL CONSIDER THE ADVERSE 



19 



Ord. 443 



SECONDARY EFFECTS OF AN ADULT 
ENTERTAINMENT BUSINESS ON THE 
COMMUNITY. 

E, A DECISION OF THE CITY COUNCIL 
REGARDING A BILL PROPOSING A 
CONDITIONAL USE FOR ONE OF THE USES 
LISTED IN SECTION 6.5-lD-ll, 6.5-1D-12, OR 
6.5-1D-13 SHALL BE A FINAL DECISION AND 
SHALL BE SUBJECT TO JUDICLU REVIEW IN 
THE SAME MANNER AS ARE OTHER 
LEGISLATIVE ACTIONS TAKEN PURSUANT 
TO THE PROVISIONS OF THIS CODE. 

11.0-8 Adult Entertainment Businesses , CLASS B 
Mi^G.^ZI>fE OR BOOK STORES, OR PEEP SHOW 
ESTABUSHME^JTS . 

a. ADULT ENTERTAINMENT LICENSE [Permit] 
Required. 

No p e rson shall conduct or op e rat e an Adult 
Entertainment Business, CLASS B MAGAZINE OR BOOK 
STORE, OR PEEP SHOW ESTABLISHMENT \vithout 
havdng first obtained a [p e rmit] LICENSE as her e inaft e r 
pro\ddod. 

b. Application for [Permit] LICENSE. 

1. Th e own e r and op e rator of e v e ryi^ Adult 
Ent e rtainm e nt Business, CLASS B MAGAZINE 
OR BOOK STORE, OR PEEP SHOW 
ESTABUSHI^lE>rr shall joindy mal^o 
application to th e Commissioner of th e 
D e partm e nt Of Housing And Community 
D e v e lopment for a LICENSE [p e rmit] for th e 
conduct of an Adult Ent e rtainm e nt Busin e ss, 
CLi^SS B MAGi^ZINE OR BOOK STORE, OR 
PEEP SHOW ESTx^BUSH]S/IE>JT. The 
application shall be made on a form to b e 
furnished by th e Commission e r. Application 
for a [p e rmit] LICENSE for an Adult 
Ent e rtainm e nt Busin e ss, CLASS B MAGAZINE 



20 



Ord. 443 



OR BOOK STORE, OR PEEP SHOW 
ESTABLISHMENT e xisting on tho eff e ctiv e 
dat e of this ordinanc e shall b e mad e within 30 
days of the eff e ctive dato of this ordinanc e , 
shall b e issu e d upon payment of f ee s, and shall 
e xpir e on Jun e 30, 1995. An application for a 
[p e rmit] LICENSE for a new Adult 
Ent e rtainm e nt Business, CL^SS B MAGAZINE 
OR BOOK STOPJ;, OR PEEP SHOW 
ESTABLISHMENT condition e d on the granting 
of a conditional use shall b e made on or prior 
to th e dat e of filing the application for a 
conditional use. The [pormit] LICENSE shall 
not becom e e ffective until a conditional us e 
has boon granted and any right of app e al 
cont e sting th e grant of tho conditional us e hac 
boon exhaust e d. 

2. Exc e pt as provided in Section 11.0 8B 1 
abov e , th e Commissioner, before granting any 
Adult Ent e rtainm e nt Busin e ss, CLAS SY 
^L^G./^xZL^:E OR BOOK STORE, OR PEEP 
SHOW ESTABLISHMEOT [pormit] LICENSE, 
shaU WITHIN 60 DAYS OF RECEIPT OF THE 
APPLICABLE APPLICATION invoctigato tho 
character and qualifications of tho applicants 
th e r e for. No [pormit] LICENSE shall b e issued 
to any person to conduct or operat e an Adult 
Ent e rtainment Business, CLASS B MAGAZINE 
OR BOOK STORE, OR PEEP SHOW 
ESTABLISHMENT unless such p e rson is of 
ascertained good moral charact e ri In making 
such dot e rmination, Th e Commissioner shall 
consid e r (1) all criminal convictions of th e 
applicant, tho FACTS OF EACH CASE [r e asons 
thorofor and tho subsequ e nt demoanor of th e 
applicant to his releas e ], AND (2) th e busin e ss 
history of th e applicant. [, and (3) such otli e r 
facts r e l e vant to th e g e n e ral personal histor^^ of 
th e applicant as th e Commissioner shall find 
n e cQssar)^ for a fair determination of th e 
character and qualifications of th e applicant.] 
When application for a [p e rmit] LICENSE is 



21 



Ord. 443 



made by or on bohalf of a corporation, 
partn e rship or aGCOciation, th e application shall 
bo made by CHIEF EXECUTI\^ OFFICER IN 
THE CASE OF A CORPORATE APPLICx^>rr, BY 
THE MANAGING PARTNER IN THE CASE OF 
A P.^RT^JERSHIP, OR BY THE OWNER IN THE 
CASE OF A PROPRIETORSHIP [tho mangor, 
offic e r, ag e nt or oth e r p e rson who will have 
charg e and manag e m e nt] of the Adult 
Ent e rtainm e nt Busin e ss, CLASS B MAGAZINE 
OR BOOK STORE, OR PEEP SHOW 
ESTABUSHMENT and all information 
r e qu e st e d shall b e furnish e d for that p e rson 
and th e determination of tho Commissionor 
shall bo bas e d on th e e ligibilit>^ of that person. 

A PERSON SHALL NOT CONDUCT 
OR OPERATE AN ADULT 
ENTERTAINMENT BUSINESS 
ESTABUSHMENT WITHOUT HAVING 
FIRST OBTAINED AN ADULT 
ENTERTAINMENT LICENSE AS 
HEREINAFTER PROVIDE D. 

b. APPLICATION FOR ADULT 
ENTERTAINMENT LICENSE. 

1. THE OWNER AND OPERATOR OF 
EVERY ADULT ENTERTAINMENT 
BUSINESS SHALL JOINTLY MAKE 
APPLICATION TO THE COMMISSIONER 
OF THE DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT FOR 
AN ADULT ENTERTAINMENT LICENSE 
FOR THE CONDUCT OF AN ADULT 
ENTERTAINMENT BUSINESS. THE 
APPLICATION SHALL BE MADE ON A 
FORM TO BE FURNISHED BY THE 
COMMISSIONER. APPLICATION FOR 
AN ADULT ENTERTAINMENT LICENSE 
FOR AN ADULT ENTERTAINMENT 
BUSINESS EXISTING ON THE 
EFFECTIVE DATE OF THIS ORDINANCE 



22 



Ord. 443 



SHALL BE MADE WITHIN 30 DAYS OF 
THE EFFECTIVE DATE OF THIS 
ORDINANCE, SPiALL BE ISSUED UPON 
PAYMENT OF FEES, AND SHALL EXPIRE 
ON JUNE 30, 1995. AN APPLICATION 
FOR AN ADULT ENTERTAINMENT 
LICENSE FOR A NEW ADULT 
ENTERTAINMENT BUSINESS 
CONDITIONED ON THE GRANTING OF 
A CONDITIONAL USE SHALL BE MADE 
ON OR PRIOR TO THE DATE OF FILING 
THE APPLICATION FOR A 
CONDITIONAL USE. THE ADULT 
ENTERTAINMENT LICENSE SHALL NOT 
BECOME EFFECTIVE UNTIL A 
CONDITIONAL USE HAS BEEN 
GRANTED AND ANY RIGHT OF APPEAL 
CONTESTING THE GRANT OF THE 
CONDITIONAL USE HAS BEEN 
EXHAUSTED. 

2. EXCEPT AS PROVIDED IN SECTION 
11.0-8b-l ABOVE. THE COMMISSIONER. 
BEFORE GRANTING ANY ADULT 
ENTERTAINMENT BUSINESS AN ADULT 
ENTERTAINMENT LICENSE, SHALL 
WITHIN 60 DAYS OF RECEIPT OF THE 
APPLICATION INVESTIGATE THE 
CHARACTER AND QUALIFICATIONS OF 
THE APPLICANTS THEREFOR. AN 
ADULT ENTERTAINMENT LICENSE 
SHALL NOT BE ISSUED TO ANY 
PERSON TO CONDUCT OR OPERATE 
AN ADULT ENTERTAINMENT BUSINESS 
UNLESS SUCH PERSON IS OF 
ASCERTAINED GOOD MORAL 
CHARACTER. IN MAKING SUCH 
DETERMINATION, THE COMMISSIONER 
SHALL CONSIDER (l) ALL CRIMINAL 
CONVICTIONS OF THE APPLICANT, 
AND (2) THE BUSINESS HISTORY OF 
THE APPLICANT. WHEN APPLICATION 
FOR AN ADULT ENTERTAINMENT 



23 



Ord. 443 



LICENSE IS MADE BY OR ON BEHALF 
OF A CORPORATION, PARTNERSHIP OR 
ASSOCL^TION, THE APPLICATION 
SHALL BE MADE BY CHIEF EXECUTIVE 
OFFICER IN THE CASE OF A 
CORPORATE APPLICANT, BY THE 
MANAGING PARTNER IN THE CASE OF 
A PARTNERSHIP, OR BY THE 
OWNERCS) IN THE CASE OF A 
PROPRIETORSHIP OF THE ADULT 
ENTERTAINMENT BUSINESS AND ALL 
INFORMATION REQUESTED SHALL BE 
FURNISHED FOR THAT PERSON AND 
THE DETERMINATION OF THE 
COMMISSIONER SHALL BE BASED ON 
THE ELIGIBILITY OF THAT PERSON. 

3. THE APPLICANT SHALL ALSO: 

(A) BE AT LEAST 18 YEARS OF AGE; 

AND 

(B) SHALL NOT HAVE BEEN 

CONVICTED OF, 

OR PLEADED NOLO CONTENDERE 
TO A FELONY OR ANY CRIME 
INVOLVING MORAL TURPITUDE, 
PROSTITUTION, OBSCENITY OR 
OTHER CRIME SEXUAL IN 
NATURE IN ANY JURISDICTION 
WTTHEsI ^ 3 YEARS IMMEDL^TELY 
PRECEDING THE DATE OF THE 
APPLICATION. 

[3] 4. Each [permit] ADULT 
ENTERTAINMENT LICENSE shall expire on 
June 30 after the date of issuance and shall be 
renewable annually on July 1 upon application 
to and approval by the Commissioner. 

[4. There shall be a 60-day waiting period 
between the day of the receipt of the initial 



24 



Ord. 443 



application and the date of the issuance of the 
initial permit.] 

5. WITHIN SIXTY (60) DAYS OF RECEIVING 
AN APPLICATION FOR A LICENSE, THE 
COMMISSIONER SHALL NOTIFY THE 
APPLICANT IN WRITING WHETHER THE 
APPLICATION IS GRANTED OR DENIED. 
WHENEVER AN APPLICATION IS DENIED, 
THE COMMISSIONER SHALL ADVISE THE 
APPLICANT IN WRITING OF THE REASONS 
FOR THE DENIAL. SUCH DENIAL SHALL BE 
SUBJECT TO THE PROVISIONS OF SECTION 
11.0-8J AS PROVIDED HEREIN. 

[5] 6. [During the 60 day waiting p e riod and 
b e for e th e issuanc e of an initial p e rmit] UPON 
FILING ALL IMPLICATIONS FOR A LICENSE, 
each applicant [for a p e rmit] shall post th e 
proposed location for 15 days, in accordance 
with th e rul e s of Th e Board Of Municipal And 
Zoning Appeals. If, within th e 15 day posting 
p e riod, no mor e than 9 writt e n obj e ctions to 
the issuanc e of [a location pormit] T iffi 
LICENSE ar e r e ceiv e d by [Th e D e partment o4 
Housing and Communit}'" D e v e lopment] THE 
COMMISSIONER from p e rsons v > dthin with 
sam e e l e ction precinct as the premises 
d e scrib e d in th e application, th e n the LICENSE 
[p e rmit] may bo issued. If 10 such writt e n 
objections ar e r e c e iv e d by Th e 
COMMISSIONER [D e partment], then th e 
COMMISSIONER [Department] shall refer tho 
matt e r to the Board Of Mimicipal And Zoning 
App e als for a hearing. Th e Board shall hold a 
public h e aring in relation to th e issuance of 
th e [permit] LICENSE, at which parti e s in 
inter e st shall hav e an opportunit)^ to b e h e ard. 
Denial of a [permit] LICENSE BY THE BOARD 
shall b e in writing, with specific r e asons given 
for tho denial. If THE LICE^JSE IS DE^JIED BY 
THE BQiARD [Th e Board d e t e rmines that th e r e 
ar e suffici e nt groimds for th e denial of a 



25 



Ord. 443 



p e rmit] , tlien tho applicant may not reapply 
for a LICENSE [permit] for at l e ast 12 months 
FROM THE Dx^TE OF THE FINAL 
DETERJ ^ 1I^JATI0N BY THE BOARD OR BY A^JY 
COURT OF COMPETE^JT JURISDICTION. A^J 
APPEx^L TO THE CIRCUIT COURT OR 
BALTIMORE CITY MAY BE TAKEN BY ANY 
PERSON OR PERSONS x^GGRIEVED BY THE 
DECISION OF THE BOARD JN ACCORDANCE 
Wrm THE PROCEDURES ESTABUSIiED BY 
THE MARYLAND RULES OF PROCEDURE. 
Posting shall not b e r e quired for th e ren e wal 
of a p e rm kr 

6. EXCEPT AS PROVIDED IN 11.0-8a and 
b, UPON FILING AN INHTAL 
APPLICATION FOR A LICENSE, EACH 
APPLICANT SHALL POST THE 
PROPOSED LOCATION FOR 15 DAYS, IN 
ACCORDANCE WITH THE RULES OF 
THE BOARD OF MUNICIPAL AND 
ZONING APPEALS. IF, WITHIN THE 15 
DAY POSTING PERIOD, NO MORE 
THAN 9 WRITTEN OBJECTIONS TO THE 
ISSUANCE OF THE ADULT 
ENTERTAINMENT LICENSE ARE 
RECEIVED BY THE COMMISSIONER 
FROM PERSONS WITHIN THE SAME 
ELECTION PRECINCT AS THE PREMISES 
DESCRIBED IN THE APPLICATION, 
THEN THE ADULT ENTERTAINMENT 
LICENSE MAY BE ISSUED. IF 10 SUCH 
WRITTEN OBJECTIONS ARE RECEIVED 
BY THE COMMISSIONER, THEN THE 
COMMISSIONER SHALL REFER THE 
MATTER TO THE BOARD OF 
MUNICIPAL AND ZONING APPEALS FOR 
A HEARING. THE BOARD SHALL HOLD 
A PUBLIC HEARING IN RELATION TO 
TI^ ISSUANCE OF THE ADULT 
ENTERTAINMENT LICENSE, AT WHICH 
PARTIES IN INTEREST SHALL HAVE AN 



26 



Ord. 443 



OPPORTUNITY TO BE HEARD. DENIAL 
OF AN ADULT ENTERTAINMENT 
LICENSE BY THE BOARD SHALL BE IN 
WRITING, WITH SPECIFIC REASONS 
GIVEN FOR THE DENL\L. IF THE 
ADULT ENTERTAINMENT LICENSE IS 
DENIED BY THE BOARD, THEN THE 
APPLICANT MAY NOT REAPPLY FOR AN 
ADULT ENTERTAINMENT LICENSE FOR 
AT LEAST 12 MONTHS FROM THE 
DATE OF THE FINAL DETERMINATION 
BY THE BOARD OR BY ANY COURT OF 
COMPETENT JURISDICTION. AN 
APPEAL TO THE CIRCUIT COURT OF 
BALTIMORE CITY MAY BE TAKEN BY 
ANY PERSON OR PERSONS AGGRIEVED 
BY THE DECISION OF THE BOARD IN 
ACCORDANCE WITH THE PROCEDURES 
ESTABUSHED BY THE MARYLAND 
RULES OF PROCEDURE. POSTING 
SHALL NOT BE REQUIRED FOR THE 
RENEWAL OF A PERMIT. 

[6] 7. All proposed rules and forms to be 
required in this licensing process shall be 
advertised for public hearing and comment by 
the Commissioner. The advertisement shall 
include the language contained in the 
proposed rules and forms, the date, time and 
location of the public hearing, and shall be 
advertised in a newspaper of general 
circulation. The advertisement shall be 
published at least fifteen (15) days prior to the 
hearing. The final rules and forms shall not be 
adopted by the Commissioner prior to fifteen 
(15) days after the public hearing. 

c. Special conditions applicable to Adult 
Entertainment Businesses , CLASS B MAGAZINE OR BOOK 
STORE, AND PEEP SHOW ESTx\BUSHMENTS permits : 

(1) Hours of operation. No live adult entertainment 
shall be conducted between the hours of 2 A.M. and 



27 



Ord. 443 



6 P.M. 12 NOON , unless the Maryland General 
Assembly extends the hours of operation, in which 
case that time of closure shall be applicable. 

(2) Entrances and exteriors of premises. 

(a) The exterior entrance door shall be kept 
closed and only opened to permit entry and exit, to the 
end that adult entertainment activities are not visible 
from the exterior of the building. 

(b) The conduct of the Adult Entertainment 
Business , CLASS B MAGAZINE OR BOOK STORE, OR 
PEEP SHOW EST.^BUSHMENT shall at no time be visible 
from the exterior of the premises in which it is conducted. 

(c) Any attempt to urge, invite or entice public 
patrons to enter the premises shall not be pennitted in 
front of or v^thin 50 feet of the premises. 

(d) On and after July 1, 4994 1995 , the 
premises of each Adult Entertainment Business , CLASS B 
M.^GAZI^JE OR BOOK STORE, OR PEEP SHOW 
ESTABLISHMENT shall have a vestibule or lobby enclosed 
by immobile walls and consisting of a passage, hall or 
room between the outer door facing the street and the 
part of the premises where the Adult Entertainment 
Business , CLASS B M.\G.^ZINE OR BOOK STORE, OR 
PEEP SHOW ESTABUSHMENT is conducted. 

[d. Temporary permits. 

Upon application. The Commissioner shall issue a 
temporary Adult Entertainment Business permit to any 
applicant who was, upon the effective date of this 
subtitle, the owner and the operator of such an 
establishment in Baltimore City, pending review and 
investigation of the application submitted. A temporary 
permit shall remain in effect for a period of 30 days or 
until issuance of the permanent permit. If the application 
for the permanent permit is denied, the temporary permit 
shall immediately expire and shall be of no further force 
or effect.] 



28 



Ord. 443 



e. ADULT ENTERTAINMENT LICENSE [Permit] fees. 

[1.] The [permit] ADULT ENTERTAINMENT 
LICENSE fee shall be $1,000 per year for each Adult 
Entertaimnent Business , CLASS B MAGAZINE OR BOOK 
STORE, OR PEEP SHOW ESTABUSHME^^^ , payable on or 
before June 30 of each year. The initial annual [permit] 
LICENSE fee shall be prorated at the rate of $80 for every 
month. 

[2. The fee for a temporary permit shall be 
$100.] 

f. Renewal ADULT ENTERTAINMENT LICENSE 
[permits] . 

Any person issued a ADULT ENTERTAINMENT 
LICENSE [permit] under this section may apply for a 
renewal of the LICENSE [permit] on a form provided by 
the Commissioner of the Department of Housing and 
Commimity Development not less than 30 days nor more 
than 60 days before expiration of the ADULT 
ENTERTAINMENT LICENSE [permit]. 

1. The ADULT ENTERTAINMENT LICENSE 
[permit] renewal application form shall 
contain such information as the Commissioner 
shall require. 

2. Upon filing the ADULT ENTERTAINMENT 
LICENSE [permit] renewal application and 
upon payment of the LICENSE [permit] 
renewal fee of $1000 except as provided in 
subsection 11.0-8G below, the Commissioner 
shall approve the LICENSE [permit] renewal 
application of the applicant unless 10 or more 
written objections from property owners or 
residents within the same election precinct as 
the premises described in the application are 
filed with The Board not later than 30 days 
before the expiration of the CURRENT 
LICENSE [permit]. 



29 



Ord. 443 



g. DENIAL, SUSPENSION OR REVOCATION. 

The Commissioner may deny, SUSPEND OR 
REVOKE an ADULT ENTERTAINMENT LICENSE [permit] 
or a LICENSE [permit] renewal [or suspend a permit for 
not more than 90 days] for any of the following causes: 

1. Failure to make timely application for a 
ADULT ENTERTAINMENT LICENSE OR 
RENEWAL LICENSE [permit]. 

2. Failure to pay the applicable permit fee on 
or before the due date. 

3. Failure to comply with any provision of this 
ORDINANCE [section] or any rule or 
regulation that may be adopted pursuant to 
this section. 

4. The making of any material false statement 
in any initial or renewal application for a 
LICENSE [permit]. 

5. [Adjudication, with reasonable time to cure, 
any] Violation of any provision of the fire, 
health, building or zoning codes of Baltimore 
aty or any other LOCAL, STATE OR FEDERAL 
REGULATIONS [ordinances, rules and 
regulations of the city] . 

6. Lack of accessibility for fire and police 
protection. 

h. SUSPENSION OF ADULT ENTERTAINMENT 
LICENSE FOR CRIMINAL ACTIVITY. 

Upon the first guilty plea and/or conviction for 
any violation on the premises by any person, WHO IS AN 
OWNER, OPERATOR, EMPLOYEE, AGENT, 
INDEPENDENT CONTRACTOR, OR VENDOR , OR WHO IS 
OTHERWISE CQN^JECTED WITH THE OWNERSHIP OR 
OPERATION OF THE Adult Entertainment Businessr 
CLASS B MAGAZINE OR BOOK STORE, OR PEEP SHOW 



30 



Ord. 443 



ESTABLISHMENT for an activity prohibited by the 
provisions of Article 27 of the Annotated Code of 
Maryland proscribing (1) the illegal manufacture, 
distribution, possession or administration of controlled 
dangerous substances, (2) prostitution, sodomy, perverted 
sexual practices, bawdy house or disorderly house, or -(^ 
THE PROVISIONS OF any other law relating to obscene 
matter and/or immoral practices, PROVIDED THAT SAID 
OWNER, OPERATOR, EMPLOYEE, AGENT, 
INDEPENDENT CONTRACTOR, OR VENDOR KNEW OR 
SHOULD HAVE KNOWN OF SAID PROHIBITED 
ACTIVITY, the Commissioner may suspend the ADULT 
ENTERTAINMENT LICENSE [permit] for not more than 
15 days. Upon a second or further guilty plea and/or 
conviction occurring within 12 months of the first 
conviction, the LICENSE [permit] may be suspended for 
not more than 30 days. Upon a third guilty plea and/or 
conviction within 2 years, the LICENSE [permit] shall be 
revoked [if the conviction is of a person who is a manager 
or owner of the business]. 

j. Notice and Hearing; Appeal. 

No ADULT ENTERTAINMENT LICENSE 
[permit] shall be SUSPENDED, denied, or revoked or a 
renewal p e rmit LICENSE refused by The Commissioner 
unless the Commissioner shall first have given the 
applicant for the LICENSE [permit] not less than 10 days 
notice in writing of the decision of The Commissioner to 
revoke, suspend, deny or refuse to renew the LICENSE 
[permit] and an opportunity to be heard as to why the 
LICENSE [permit] should not be denied or revoked. An 
appeal to The Board of Municipal and Zoning Appeals 
may be taken by any person aggrieved by the decision of 
the Commissioner in accordance with the applicable 
provisions of Chapter 11 of this Article and the rules of 
the Board; however, the decision of the Commissioner 
shall be stayed until the Board conducts its hearing and 
renders its opinion. ANY PERSON OR PERSONS 
AGGRIEVED BY THE DECISION OF THE BOARD MAY 
APPEAL SUCH DECISION TO THE CIRCUIT COURT FOR 
BALTIMORE CITY IN ACCORDANCE WITH SECTION 
11.0-3K OF THIS ORDINANCE. 



31 



Ord. 443 



k. Transfer of ADULT ENTERTAINMENT LICENSE 
[Permit]. 

An Adult Entertainment Business , CLASS B 
MAC^ZINE OR BOOK STORE, OR PEEP SHOW 
ESTi^LISHME^JT LICENSE [permit] is not transferable, 
without a new application to tlie Commissioner. The 
Commissioner shall treat the application for transfer as if 
it were an application for renewal. 

1. ADULT ENTERTAINMENT LICENSE [Permit] to be 
posted. 

The person to whom any ADULT 
ENTERTAINMENT LICENSE [permit] is issued hereunder 
shall display it in the lobby, vestibule or other prominent 
place on the premises. 

o. Advisory task force established; purpose. 

There is hereby established an Adult 
Entertainment Business , CL ' VSS B MAGx\ZD>JE OR BOOK 
STORE, AND PEEP SHOW ESTABUSm^ENT advisory 
task force. The advisory task force shall monitor the 
conduct of all Adult Entertainment Businesses ^ CLASS -B 
MAG^^ZINE OR BOOK STORES, AND PEEP SHOW 
ESTABLISHMENTS, shall have standing to cont e ct th e 
issuanc e , denial or ronowal of any Adult Entertainm e nt 
Business, CLASS B M^^GAZINE OR BOOK STORE, OR 
PEEP SHOW ESTABLISHME^JT LICE^JSE [permit] and 
shall generally advise the appropriate administrative and 
elected officials on matters related to the conduct of Adult 
Entertainment Businesses , CLx^SS B MAGAZINE OR BOOK 
STOPJS, OR PEEP SHOW ESTi^USHMENTS . 

p. Composition of advisory task force; appointment 
and terms of members. 

1. The advisory task force shall consist of 9 
members who shall serve without 
compensation. The Mayor shall appoint the 
members of the advisory task force, as follows: 



32 



I 



Ord. 443 



(a) Two members shall be chosen from a 
Hst of 4 nominated by the Qtizens 
Planning And Housing Association. 

(b) One member shall be chosen from a 
hst of 2 nominated by The Greater 
Baltimore Committee. 

(c) One member shall be chosen from a 
list of 2 nominated by the Baltimore Qty 
Chamber of Commerce. 

(d) Three members, two of which shall 
be members of the East Baltimore Street 
Merchants Association, shall be chosen 
from a list of 6 nominated by the holders 
of adult entertainment LICENSE 
[permits]. 

(e) One member shall be chosen from a 
Hst of 2 nominated by The Downtown 
Partnership, Inc. 

(0 One member shall be a member of 
the Baltimore Qty Council nominated by 
the President of that body. 

2. The term of membership is 3 years. A 
person may not serve more than 2 consecutive 
terms. The initial terms of advisory task force 
members shall be staggered by the designation 
by the Mayor as follows: 3 of the initial 
advisory task force members to serve for an 
initial term of 3 years; 3 advisory task force 
members to serve for an initial term of 2 
years; and 3 advisory task force members to 
serve for an initial term of 1 year. The Mayor 
shall designate the chair. 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 



33 



Ord. 443 



[3a. Adult entertainment business: a public or 
private commercial establishment where 
persons appear in a state of total or partial 
nudity in person, on film, on slides or on video 
tapes. For purposes of this definition, the term 
"film" shall not include motion pictures rated 
by the motion picture association of america. 
"Commercial establishment" shall include but 
not be limited to, a restaurant, nightclub, 
dance hall, peep show, hotel or motel, private 
club or social hall if adult entertainment is 
provided as an accessory or principal use.] 

3.1 ADULT ENTERTAINMENT: ACnVITY 
CUSTOMARILY ENGAGED IN AT AN ADULT 
ENTERTAINMENT BUSINESS IN 
ACCORDANCE WITH THE DEFINITION 
CONTAINED IN SECTION 13.0-2-3.2 OF THIS 
ORDINANCE. 

3.2 Adult Entertainment Business: AN ADULT 
CABARET, LOUNGE, NIGHT CLUB, 
MODELING STUDIO, OR ANY 
ESTABUSHMENT WHOSE MAJOR BUSINESS 
IS THE OFFERING TO CUSTOMERS OF A 
PRODUCT OR SERVICE WHICH IS INTENDED 
TO PROVIDE SEXUAL STIMULATION OR 
SEXUAL GRATIFICATION TO SUCH 
CUSTOMERS, AND WHICH IS 
DISTINGUISHED BY OR CHARACTERIZED BY 
AN EMPHASIS ON MATERLU DEPICTING, 
DESCRIBING OR RELATING TO SPECIFIED 
SEXUAL ACnVITIES OR WHERE THE 
PERSONS APPEAR FOR PUBLIC VIEW IN A 
STATE OF TOTAL OR PARTIAL NUDITY. A 
BUSINESS WHICH THE AVERAGE PERSON, 
APPLYING CONTEMPORARY STANDARDS, 
WOULD FIND, TAKEN AS A WHOLE, APPEALS 
TO THE PRURIENT INTEREST. 

ADDITIONALLY, THE FOLLOWING 
WORDS AND TERMS ARE DEFINED: 



34 



Ord. 443 



(1) SPECIFIED SEXUAL ACTIVmES: 

(A) HUMAN GENITALS IN A 
DISCERNIBLE STATE OF SEXUAL 
STIMULATION OR AROUSAL, OR; 

(B) ACTS OF HUMAN 
MASTURBATION, SEXUAL 
INTERCOURSE, SODOMY, OR 
PHYSICAL CONTACT WITH A 
PERSON'S CLOTHED OR 
UNCLOTHED GENITALS, PUBIC 
AREA, OR, IF SUCH PERSON BE A 
FEMALE, BREAST. 

[(1)] (2) "Nudity" means the showing of 
the human male or female genitals, pubic 
area or buttocks with less than a full 
opaque covering, or the showing of the 
female breast with less than a fully 
opaque covering of any portion thereof 
below the top of the nipple, or the 
depiction of covered male genitals in a 
discernible turgid state. 

[(2)] (3) "Partial nudity" means a state 
of dress in which opaque clothing covers 
no more than the human male or female 
genitals, pubic area or buttocks, or the 
female breasts below the top of the 
nipple, as well as portions of the body 
covered by supporting straps or devices. 

SEC. 2 4. AND BE IT FURTHER ORDAINED, That 
the provisions of this ordinance are hereby declared to be 
severable. If any clause, sentence, paragraph or part of 
this ordinance shall be adjudged by any court of 
competent jurisdiction to be invahd, said judgment shall 
not affect, impair or invalidate the remainder thereof, but 
shall be confined in its operation to the clause, sentence, 
paragraph, or part of such section directly involved in the 
controversy and in which such judgment shall have been 
rendered. 



35 



Old. 444 



SEC. S 5. AND BE IT FURTHER ORDAINED, That 
the provisions of this ordinance expressly are intended to 
supersede any other provisions of the Zoning Ordinance 
or the Municipal Center Urban Renewal Plan as adopted 
and amended by the Mayor and Qty Council which deals 
with any use in any zoning district, whether permitted by 
right, conditionally, or through special exception or 
variance, which otherwise would allow the establishment 
or continued use of an Adult Entertainment Business, 
book and magazine stores and similar establishments 
(Class B), or peep show establishment. 

SEC. 4 6. AND BE IT FURTHER ORDAINED, That 
this ordinance shall take effect on the 30th day after the 
date of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 444 

(Council BUI No. 889) 

AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore to grant an easement for 
highway widening and right-of-way purposes on the 
parcel of land located on the west side of Glen Arm 
Road north of Gunpowder Road in Baltimore 
County, Maryland. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 



36 



Ord. 444 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty is hereby authorized to grant an easement 
to Baltimore County, Maryland for highway widening and 
right of way purposes in accordance with Article V, 
Section 5(b) of the Baltimore City Charter, on that parcel 
of land situate in Baltimore County, Maryland, described 
on Exhibit A attached hereto and made a part hereof, 
subject to the following conditions: 

1. The plans and specifications for said right-of- 
way shall be approved in writing by the Qty 
before construction. 

2. The Qty and its employees or agents shall 
have access to the right-of-way easement area 
at all times when necessary for public 
purposes. 

3. The Grantee shall maintain the right-of-way at 
its sole cost and expense. 

4. The Qty shall be protected, indemnified and 
saved harmless from all legal action, losses 
and damages resulting from injury to persons 
or damage to property caused by the use of 
the easement by the Grantees, their successors, 
assigns and invitees. 

5. No structures shall be erected by the Grantee 
over the easement area except for road 
surfacing material approved in advance by the 
Qty. 

6. Any and all construction on or within the 
property herein described which affects the 
Qty-owned property shall be in accordance 
with the requirements of the Baltimore City 
Department of Public Works and subject to 
inspection and approval thereof. 

7. The Grantee also agrees that before any entry 
or acts that may affect the Qt/s property 



37 



Ord. 444 



occur, the said Department of Public Works 
will be notified in writing. 

8. The terms, conditions and agreement of this 
Easement Agreement shall be considered 
covenants running with the land on the 
Grantee's property. 

9. This easement shall be and be construed to be 
an easement appurtenant, benefitting the 
property owned by the Grantee and burdening 
the property owned by the City and described 
herein. The terms, conditions and agreement 
of this Easement Agreement shall bind the 
successors and assigns of both the Grantor and 
the Grantee. 

10. Failure by the Grantee to comply with any 
terms, conditions and agreement of this 
Easement Agreement will be considered a 
breach of the Agreement. In the event that 
the Grantee fails to cure any breach within ten 
(10) days after being so notified by the Qty, 
the Qty may at its sole discretion unilaterally 
declare this Agreement to be Null and Void by 
filing a Declaration to that effect among the 
Land Records of Baltimore County. 

11. The Grantee shall pay fair market value for 
said easement as determined by the City's Real 
Estate Officer. 

12. The Grantee shall reimburse the Qty for all 
costs incurred in granting this easement and 
for the value of any trees removed from the 
easement area. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
easement or easements shall be granted in accordance 
herewith, until the same shall have been first approved by 
the Qty Solicitor. 



38 



I 



Ord. 445 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 445 

(Council Bill No. 925) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE PARKING 

LOT IN THE PARKING LOT DISTRICT - 213 PARK 

AVENUE, 215 PARK AVENU E, 109 CLAY STREET, 105- 

107 CLAY STREET, AND 210-16 N. LIBERTY STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an 
open off-street parking area on the proport^^ Imown 
as 315 Park Av e nue properties known as 213 Park 
Avenue, 215 Park Avenue, 109 Clay Street, 105-07 
Qay Street, and 210-16 N. Liberty Street, as 
outlined in red on the plats accompanying this 
ordinance. 

BY adding 

Article 30 - Zoning 

Section(s) 6.4-ld-3, 9.0-3d and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
property ' kjiown as 215 Park Avenue properties known as 
213 Park Avenue, 215 Park Avenue, 109 Qay Street, 105- 
07 Clay Street, and 210-16 N. Liberty Street, as outlined 
in red on the plats accompanying this ordinance, under 



39 



Ord. 446 



the provisions of Section(s) 6.4-ld-3, 9.0-3d and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
upon passage of this ordinance by the City Council, as 
evidence of the authenticity of the plat which is a part 
hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when 
the Mayor approves the ordinance, he shall sign the plat. 
The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore City, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 446 

(Council Bill No. 928) 

AN ORDINANCE concerning 

TAX CREDIT FOR HOME IMPROVEMENTS 

FOR tlie purpose of providing a property tax credit for tax 
increases generated by home improvements. 

BY adding 

Article 28 - Taxes 
Subtitle - Tax Credits 



40 



Ord. 446 



Section 75E 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 28 - TAXES 

Tax Credits 

75E. HOME IMPROVEMENT TAX CREDIT. 

(A) THERE IS ESTABUSHED A PROPERTY TAX 
CREDIT, AS AUTHORIZED IN SECTION 9 30^ (D) 9; 
304CE) OF THE TAX PROPERTY ARTICLE OF THE 
ANNOTATED CODE OF MARYLAND, AGAINST THE 
PROPERTY TAX IMPOSED ON THE INCREASED VALUE 
OF THE DWELLING THAT IS DUE TO IMPROVEMENTS 
MADE TO THE PROPERTY THAT IS OWNED BY 
QUALIFYING OWNERS. 

(B) THE DEFINITIONS FOR "DWELLING" AND 
"HOMEOWNER" CONTAINED IN SECTION 9 30^(D) 9: 
304(E) OF THE TAX PROPERTY ARTICLE OF THE 
ANNOTATED CODE OF MARYLAND ARE 
INCORPORATED INTO THIS SECTION BY THIS 
REFERENCE. AS USED IN THIS SECTION, THE 
"HOUSING CODE" MEANS THE HOUSING CODE 
SUBTITLE IN ARTICLE 13 - HOUSING AND URBAN 
RENEWAL OF THE BALTIMORE CITY CODE (1983 
REPLACEMENT VOLUME, AS AMENDED). 

(Q THE TAX CREDIT GRANTED UNDER THE 
PROVISIONS OF THIS SECTION SHALL BE APPLIED 
AGAINST THE PROPERTY TAX ON A DWELLING THAT: 

(1) IS OWNED BY A HOMEOWNER; 

(2) HAS BEEN SUBSTANTIALLY IMPROVED 
SINCE THE LAST REASSESSMENT; AND 

(3) IS REASSESSED AT A HIGHER VALUE. 



41 



Ord. 446 



(D) THE TAX CREDIT PROVIDED UNDER THIS 
SECTION SHALL EQUAL THE AMOUNT OF PROPERTY 
TAX IMPOSED ON THE INCREASED VALUE OF THE 
DWELLING THAT IS DUE TO THE IMPROVEMENTS 
MADE TO THE PROPERTY, MULTIPLIED BY: 

(1) 100% FOR THE FIRST TAXABLE YEAR 
FOLLOWING THE FIRST REASSESSMENT AFTER THE 
IMPROVEMENTS ARE MADE; 

(2) 80% FOR THE SECOND TAXABLE YEAR 
FOLLOWING THE FIRST REASSESSMENT AFTER THE 
IMPROVEMENTS ARE MADE; 

(3) 60% FOR THE THIRD TAXABLE YEAR 
FOLLOWING THE FIRST REASSESSMENT AFTER THE 
IMPROVEMENTS ARE MADE; 

(4) 40% FOR THE FOURTH TAXABLE YEAR 
FOLLOWING THE FIRST REASSESSMENT AFTER THE 
IMPROVEMENTS ARE MADE; 

(5) 20% FOR THE FIFTH TAXABLE YEAR 
FOLLOWING THE FIRST REASSESSMENT AFTER THE 
IMPROVEMENTS ARE MADE; AND 

(6) 0% FOR EACH TAXABLE YEAR 
THEREAFTER. 

(E) (1) TO CONTINUE ELIGIBILITY FOR A TAX 
CREDIT UNDER THIS SECTION, A DWELLING MUST 
REMAIN IN COMPLL\NCE WITH THE HOUSING CODE. 

(2) IF A DWELLING OWNED BY A PERSON 
WHO HAS RECEIVED A TAX CREDIT UNDER THIS 
SECTION IS FOUND TO BE IN VIOLATION OF THE 
HOUSING CODE, THE PROPERTY OWNER IS NOT 
ELIGIBLE FOR ANY FURTHER TAX CREDIT UNDER THIS 
SECTION UNTIL THE DWELLING IS DETERMINED 
AGAIN TO BE IN COMPLL^^CE WITH THE HOUSING 
CODE. 

(3) A DWELLING THAT IS AGAIN BROUGHT 
INTO COMPLLajSlCE IS ELIGIBLE FOR A TAX CREDIT AT 
THE RATE IT WOULD HAVE BEEN ELIGIBLE BEFORE 
THE VIOLATION OF THE HOUSING CODE. 

C4) IN ADDITION TO COMPLIANCE WITH THE 
HOUSING CODE, THE HOMEOWNER SHALL COMPLY 
WITH ARTICLE 32 - THE BALTIMORE CITY BUILDING 



42 



Ord. 446 



CODE INCLUDING THE REQUIREMENT FOR PERMITS 
FOR IMPROVEMENTS. 

(F) IF A DWELLING THAT IS ELIGIBLE FOR A TAX 
CREDIT UNDER THIS SECTION IS TRANSFERRED, THE 
GRANTEE IS ELIGIBLE FOR THE BALANCE OF THE 
PROPERTY TAX CREDITS UNDER THIS SECTION IN THE 
SAME MANNER AND UNDER THE SAME CONDITIONS 
AS THE GRANTOR OF THE PROPERTY. 

(G) THE PROPERTY TAX CREDIT MAY NOT APPLY 
TO THE VALUE OF THE IMPROVEMENTS TO THE 
DWELLING THAT EXCEED $100,000. 

(H) TO RECEIVE THE TAX CREDIT UNDER THIS 
SECTION, THE HOMEOWNER SHALL HAVE THE 
BURDEN OF SHOWING THAT THE INCREASE IN 
ASSESSMENT IS DUE TO THE VALUE OF THE 
IMPROVEMENTS TO THE DWELLING THAT WERE MADE 
SINCE THE LAST ASSESSMENT OF THE DWELLING. 

(D THE DIRECTOR OF FINANCE MAY: 

CI) ADOPT RULES NECESSARY TO IMPLEMENT 
THE PROVISIONS OF THIS SECTION; 

(2) SETTLE DISPUTED CLAIMS THAT MAY 
ARISE IN CONNECTION WITH THE CREDIT 
AUTHORIZED BY THIS SECTION: AND 

C3) DELEGATE POWERS, DUTIES OR 
FUNCTIONS IN CONNECTION WITH THE 
ADMINISTRATION OF THE CREDIT AUTHORIZED BY 
THIS SECTION TO THE CITY COLLECTOR OR ANY 
OTHER EMPLOYEE OF THE CITY. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment , and will apply to home improvements 
completed as a result of permits issued under the 
provisions of the Article 32 - Baltimore City Building Code 
after the effective date. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



43 



Ord. 447 

CITY OF BALTIMORE 

ORDINANCE NO. 447 

(Council Bill No. 942) 

AN ORDINANCE concerning 

SOUCmNG AND AGGRESSIVE SOUCITING 

FOR the purpose of revising Ordinance No. 275, approved 
December 22, 1993, to comply with the requirements 
of the Memorandum Opinion of the United States 
District Court for the District of Maryland in Patton v. 
Baltimore City, dated August 19, 1994; and making 
certain technical changes. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Section 249, to be under the amended subtitle 

"Soliciting and Aggressive Soliciting" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES || 

[Panhandling] 

SOUCITING AND A(}GRESSIVE SOUCITING 

249. [Aggressive panhandling and prohibiting certain 
panhandling acts; penalties.] AGGRESSIVE SOUCITING 
AND CERTAIN NONAGGRESSIVE SOUCITING 
PROHIBITED; PENALTIES. 

(a) Findings and declarations. 



44 



Ord. 447 



The Qty Council finds and declares that aggressive 
[panhandling] SOLICITING and [panhandling] 
SOLICITING in certain places and circumstances have a 
detrimental effect on the creation of a safe environment 
in the Qty of Baltimore and finds that restricting certain 
acts [of panhandlers generally] , without prohibiting 
[panhandling] SOLICITING, is a necessary exercise of the 
police, health and welfare power in order to maintain the 
peace and good government of Baltimore Qty and to 
preserve and protect the rights of all citizens [to be free 
of such acts] . 

(b) Definitions. 

(1) "[Panhandling] SOLICITING" means any act 
by which one person [asks, begs or solicits alms from 
another or others in person, by requesting an immediate 
donation of money or other thing of value. Panhandling 
includes the spoken, written, or printed word or such 
other act conducted with the purpose of obtaining an 
immediate donation of money or thing of value] 
REQUESTS AN IMMEDIATE DONATION OF MONEY OR 
OTHER THING OF VALUE FROM ANOTHER OR OTHERS 
IN PERSON, REGARDLESS OF THE SOUCITOR'S 
PURPOSE OR INTENDED USE OF THE MONEY OR 
OTHER THING OF VALUE. THE SOUCITATION MAY BE 
ORAL, WRTITEN, OR BY OTHER MEANS OF 
COMMUNICATION. 

(2) "Aggressive [panhandling] SOUCITING" 
means [panhandling] SOLICITING which is accompanied 
by one or more of the following: 

(i) approaching, speaking to, or following a 
person in such a manner as would cause a reasonable 
person to fear bodily harm or the commission of a 
criminal act upon the person, or upon property in the 
person's immediate possession; 

(ii) IN THE COURSE OF SOUCITING, 
touching another person [in the course of panhandling] 
without that person's consent; 



45 



Old. 447 



(iii) continuously [panhandling] SOUCITING 
from a person, or following the person, after the person 
has made a negative response; 

(iv) intentionally blocking or interfering with 
the safe passage of a person or a vehicle by any means, 
including unreasonably causing a person to take evasive 
action to avoid physical contact; 

(v) using obscene or abusive language either 
during the course of [panhandling] SOLICmNG or 
follov^ng A refusal; or 

(vi) acting with the intent of intimidating 
another person into giving money or another thing of 
value. 

["Aggressive panhandling" does not include passively 
panhandling without engaging in the acts specified in 
subsection 2.] 

(3) "Place open to the general public" means 
sidewalks, streets, alleys, driveways, parking lots and 
garages, parks, plazas, buildings, doorways, and entrances 
to buildings, the grounds enclosing buildings, or the mall 
and/or adjacent parking areas of any shopping center to 
which the general public is invited for business purposes. 

(c) It is unlawful for any person to engage in 
aggressive [panhandling] SOLICmNG in any place open 
to the general public. 

(D) "SOLICITING" AS DEFINED IN PARAGRAPH 
(B)(1) IS LAWFUL EXCEPT AS PROHIBITED IN 
SUBSECTION (E). 

[(d)] (E) It is unlawful for any person to engage in 
[panhandhng] SOLICITING: 

(1) within ten feet of any automatic teller 
machine (ATM); 



46 



I 



Ord. 447 



(2) in any public transportation vehicle or at any 
bus, train, light rail, or subway station or stop; 

(3) on private property or residential property, if 
the owner, tenant or occupant has asked the person not 
to [panhandle] SOLICIT on the property [of] OR has 
posted a sign on the property indicating no soliciting [or 
no panhandling] ; 

(4) from any operator or occupant of a motor 
vehicle that is in traffic on a public street, whether in 
exchange for cleaning the vehicle's windows or otherwise; 
or 

(5) from any operator or occupant of a motor 
vehicle on a public street in exchange for blocking, 
occupying or reserving a public parking space, or 
directing the occupant to a public parking space. 

[(e)] (F) Penalties. Any person who violates [the] A 
provision[s] of this section is guilty of a misdemeanor 
and, upon conviction thereof, shall be fined not more 
[that one hundred dollars ($100)] THAN $100 or 
imprisoned for not more than [thirty] 30 days, or both, or 
if the person has been convicted of a violation of this 
section within the previous year, the person shall be fined 
not more than [two hundred and fifty dollars ($250)] 
$250 or imprisoned for not more than [ninety] 90 days, 
or both. 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any 
provision of this section or its application in a particular 
instance is held invaHd, such invalidity shall not affect 
any other provision or other application of any provision 
which can be given effect without the invalid provision or 
application, and to this end the provisions of this section 
are declared to be severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



47 



Ord. 448 



CITY OF BALTIMORE 
ORDINANCE NO. 448 

(Council Bill No. 951) 

AN ORDINANCE concerning 

ZONING - 

DRUG ABUSE REHABILITATION AND 

TREATMENT CENTERS 

FOR the purpose of defining the term drug abuse 
rehabilitation and treatment center. 

BY adding 

Article 30 - Zoning 
Chapter 13 - Rules and Definitions 
Section 13.0-2-25A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 13 - Rules and Definitions 

13.0-2. Definitions. 

The following definitions shall be used in 
construction and interpretation of this ordinance: 

25A. DRUG ABUSE REHABILITATION AND 
TREATMENT CENTER: A FACILITY THAT PROVIDES 
TRANSPORTATION OF INDIVIDUALS FOR THE PURPOSE 
OF DRUG TREATMENT, CARE, MEDICATION, OR 



48 



Ord. 449 



REHABILITATION, OR THAT PROVIDES COUNSELING, 
TREATMENT, CARE, MEDICATION, OR 
REHABILITATION FOR INDIVIDUALS WHO SHOW THE 
EFFECTS OF DRUG ABUSE AND REPRESENTS OR 
ADVERTISES ITSELF AS A DRUG ABUSE 
REHABILITATION AND TREATMENT CENTER. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 449 

(Council Bill No. 953) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 500-530 N. HILTON STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties known as 
500-530 N. Hilton Street, as outlined in red on the 
plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 
Section(s) 4.6-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CFTY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on die 
properties known as 500-530 N. Hilton Street as outlined 



49 



Ord. 450 



in red on the plats accompanying this ordinance, under 
the provisions of Section(s) 4.6-ld and 11.0-6d of Article 
30 of the Baltimore City Code (1983 Replacement 
Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of tlie authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Plaiming 
Commission, the Commissioner of tlie Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 450 

(Council Bill No. 967) 

AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 

FOR the purpose of authorizing the Mayor and City 

Council of Baltimore to grant an easement for access 
in that certain parcel of land known as part of the 



50 



! 



1 



Ord. 450 



Watershed Property at the Liberty Reservoir in Carroll 
County, Maryland. 

BY authority of 

Article V - Comptroller 

Section 5Cb) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That the 
Comptroller of Baltimore Qty be and she is hereby 
authorized to grant an easement to Cellular One for 
access in connection with its telecommunications facility 
located on adjacent private property, in accordance with 
Article V, Section 5(b) of the Baltimore Qty Charter, in 
that parcel of land situate in Carroll County, Maryland, 
described on Exhibit A attached hereto and made a part 
hereof, subject to the following conditions: 

1. The plans and specifications for said easement 
shall be approved in writing by the City before 
construction. 

2. The City and its employees or agents shall have 
access to the right-of-way easement area at all 
times when necessary for public purposes. 

3. The Grantee shall maintain the right-of-way 
easement at its sole cost and expense. 

4. The Qty shall be protected, indemnified and 
saved harmless from all legal actions, losses and 
damages resulting from injury to persons or 
damage to property caused by the use of the 
easement by the Grantee, its successors, assigns 
and invitees. 

5. No structures shall be erected by the Grantee 
over the easement areas except for road surfacing 
material approved in advance by the Qty. 

6. Any and all construction on or within the 
property herein described which affects the Qty- 



51 



Ord. 450 



owned property at Liberty Reservoir shall be in 
accordance with the requirements of the 
Baltimore City Department of Public Works and 
subject to inspection and approval thereof. 

7. The Grantee also agrees that before any entry or 
acts that may affect the City's property occur, the 
said Department of Public Works will be notified 
in writing. 

8. The terms, conditions and agreement of this 
Easement Agreement shall be considered 
covenants running with the land on the Grantee's 
property. 

9. This easement shall be and be construed to be an 
easement appurtenant, benefitting the property 
owned by the Grantee and burdening the 
property owned by the City and described herein. 
The terms, conditions and agreement of this 
Easement Agreement shall bind the successors 
and assigns of both the Grantor and the Grantee. 

10. Failure by the Grantee to comply with any terms, 
conditions and agreement of this Easement 
Agreement will be considered a breach of the 
Agreement. In the event that the Grantee fails to 
cure any breach within ten (10) days after being 
so notified by the City, the City may at its sole 
discretion unilaterally declare this Agreement to 
be Null and Void by filing a Declaration to that 
effect among the Land Records of Carroll County. 

11. The Grantee shall pay fair market value for said 
easement as determined by the Qt/s Real Estate 
Officer. 

12. The Grantee shall reimburse the Qty for all costs 
incurred in granting this easement and for the 
value of any trees removed from the easement 
area. 



52 



Ord. 451 



SEC. 2. AND BE IT FURTHER ORDAINED, That no 
easement or easements shall be granted in accordance 
herewith, mitil the same shall have been first approved by 
the aty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 15, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 451 

(Comicil Bill No. 630) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore to sell either at public or private 
sale all the interest of the Mayor and Qty Coimcil of 
Baltimore in and to a certain parcel of land and 
improvements located at 5-5- 3-33 East 25th Street 
and 2401-2415 Lovegrove Street, Baltimore, 
Maryland, said parcel of land and improvements 
being no longer needed for public use. 

BY authority 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore City be and she is hereby authorized to sell at 
either public or private sale in accordance with Article V, 
Section 5(b) of the City Charter (1964 Revision, as 
amended) all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land and 



53 



Ord. 452 



improvements situate in Baltimore, Maryland, and 
described as follows: 

3-S 3-33 East 25th Street and 

3^01 2415 Lovegrove Street 

a 49,899± sq. foot parcel of 

land improved vnth 2 former 

Department of Education office buildings 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 452 

(Council Bill No. 853) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 1609 DRUID HILL AVENUE 

FOR the purpose of authorizing the Mayor and Qty 
Council of of Baltimore to sell at either public or 
private sale all of the interest of the Mayor and City 
Council of Baltimore in and to a certain parcel of 
land and improvements situated at 1609 Druid Hill 
Avenue, said parcel of land and improvements being 
no longer needed for public use. 

BY authority of 

Article V - Comptroller 



54 



Ord. 453 



Section 5(b) 

Baltimore City Qiarter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the City Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to a certain parcel of land 
and improvements situated and described as follows: 

1609 Druid Hill Avenue 

(Ward 14, Section 13, Block 349, Lots 20/25) 

an 11,800 square foot parcel of land together with the 

improvements located thereon, being known as the 

Upton Multipurpose Center. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 453 

(Council Bill No. 866) 

AN ORDINANCE concerning 

REZONING - 5430 PARK HEIGHTS AVENUE 

FOR the purpose of changing the zoning for the 
southwest comer portion of the property known as 

55 



Ord. 453 



5430 Park Heights Avenue from the R-6 Zoning 
District to the B-3-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 12 
Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 12 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
City Code (1983 Replacement Volume, as amended) title 
"Zoning'' be and it is hereby amended by changing from 
the R-6 Zoning District to the B-3-2 Zoning District the 
southwest comer portion of the property known as 5430 
Park Heights Avenue, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



56 



I 



Ord. 454 



CITY OF BALTIMORE 

ORDINANCE NO. 454 

(Council Bill No. 916) 

AN ORDINANCE concerning 

URBAN RENEWAL - 

PARK HEIGHTS URBAN RENEWAL AREA - 

AMENDMENT NO. 7 

FOR the purpose of amending the Urban Renewal Plan 
for the Park Heights Urban Renewal Area to (1) 
prohibit certain uses in the portion of the Pimlico 
Business Area zoned B-2; (2) prohibit certain uses in 
the portion of the Pimlico Business Area zoned B-3; 
(3) add certain properties to the Pimlico Business 
area; (4) provide a penalty for violation of the 
provisions of the Plan; (5) amend size limits for 
awnings, and approval requirements for certain 
awnings in the Pimlico Business Area; (6) provide a 
time limit for conformance with sign requirements in 
the Pimlico Business Area whenever the Area is 
expanded by ordinance; (7) prohibit trailers other 
than for temporary use in the Pimlico Business Area, 
and require approval of the Commissioner of Housing 
and Community Development for modular structures 
in the Pimlico Business Area; (8) waive such 
requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended) 
which the amended Plan may not meet; (9) provide 
for the severability of the various parts and provisions 
of this ordinance; (10) provide that where the 
provisions of this ordinance shall conflict with any 
other ordinance, code or regulation in force in the 
Qty of Baltimore, the provision which establishes the 
higher standard shall prevail; and (11) provide for an 
effective date hereof. 



57 



Ord. 454 



WHEREAS, The Urban Renewal Plan for the Park 
Heights Urban Renewal Area was originally approved by 
the Mayor and City Council of Baltimore by Ordinance 
No. 304, approved April 16, 1973, and last amended by 
Ordinance No. 1009, approved July 2, 1987; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved In 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan; and 

WHEREAS, In accordance with the provisions of 
Section 25(h) of said Article 13, when a Councilmember 
initiates an amendment to an existing renewal plan, such 
bill shall be sent to the Department of Housing and 
Community Development and to the Planning 
Commission for recommendation and report; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Park Heights, identified as "Urban 
Renewal Plan, Park Heights Urban Renewal Area, revised 
to include Amendment No. 7, dated June 6, 1994", having 
been duly reviewed and considered, is hereby approved 
and the Qerk of the City Council is hereby directed to file 
a copy of said amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent 
public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
Section C.2.a. of the Plan is hereby amended to read as 
follows: 

"a. Moderate Intensity Residential, Office- 
Residential, Commercial and Industrial. 

In the areas designated on the General Land Use 
Plan Map as Moderate Intensity Residential, Office- 



58 



Ord. 454 



Residential, Commercial and Industrial, uses shall be 
limited to those permitted by the Zoning Ordinance 
of Baltimore Qty (Article 30 of the Baltimore Qty 
Code, 1976 Edition, as amended), for the zoning 
districts in which the uses are located, unless 
otherwise restricted by the provisions of this Plan. 

(1) THE PROPERTIES USES IN THE 
PIMLICO BUSINESS AREA WITHIN THE B-2 ZONING 
DISTRICT SHALL BE LIMITED TO THOSE 
PERMITTED BY THE ZONING ORDINANCE OF 
BALTIMORE CITY, EXCEPT THAT GENERAL 
ADVERTISING SIGNS, SKATING RINKS, CHURCHES, 
TEMPLES AND SYNAGOGUES, LIQUOR AND 
PACKAGE GOODS STORES, TAVERNS, CLUBS AND 
LODGES, PAWN SHOPS, POOL HALLS AND 
BILLL^RD PARLORS, GARAGES, OTHER THAN 
ACCESSORY, FOR STORAGE, REPAIR AND 
SERVICING OF MOTOR VEHICLES, AND 
UNDERTAKING ESTABUSHMENTS AND FUNERAL 
HOMES WILL NOT BE PERMITTED. 

(2) THE PROPERTIES USES IN THE 
PIMLICO BUSINESS AREA WITHIN THE B-3 ZONING 
DISTRICT SHALL BE LIMITED TO THOSE 
PERMITTED BY THE ZONING ORDINANCE OF 
BALTIMORE CITY, EXCEPT THAT ALL USES 
PROHIBITED IN THE B-2 ZONING DISTRICT OF THE 
PIMLICO BUSINESS AREA, AS STATED IN SECTION 
C.2.AC1) OF THIS PLAN. ARE PROHIBITED. IN 
ADDITION, THE FOLLOWING USES SHALL BE 
PROHIBITED IN THE B-3 ZONING DISTRICT OF THE 
PIMLICO BUSINESS AREA: AUTO ACCESSORY 
STORES - INCLUDING REPAIR AND INSTALLATION 
SERVICES, AUTO GLASS AND MIRROR SHOPS, 
AUTO PAINTING SHOPS, AUTO SEAT COVER 
SHOPS, BATTERY AND TIRE SALES AND SERVICE, 
BOAT SALES, RENTAL AND REPAIR, CARTAGE AND 
EXPRESS FACILmES, CONTRACTOR AND 
CONSTRUCTION SHOPS AND YARDS, GARAGES 
AND LOTS FOR BUSES AND TRANSIT VEHICLES, 
HIGHWAY MAINTENANCE SHOPS AND YARDS, 
MOBILE HOME SALES, MODEL SLOT CAR RACING 



59 



Ord. 454 



CENTERS, PALMISTS, TATTOO PARLORS, TRAILER 
SALES AND RENTALS, ACCESSORY OR NON- 
ACCESSORY MICROWAVE ANTENNAS, WELDING 
EQUIPMENT AND SUPPLIES - SALES AND SERVICE, 
AND AMUSEMENT PARKS AND PERMANENT 
CARNIVALS SPL^LL NOT BE PERMITT ED. 

Minimiim lot area, maximum lot coverage, 
building height, and floor area ratio shall be as 
permitted by the said Zoning Ordinance. In addition, 
certain existing uses will be permitted to continue 
subject to the provisions governing non-conforming 
and non-complying uses set forth below." 

SEC. 3. AND BE IT FURTHER ORDAINED, That 
Section D.2.a.(2) of the Plan is hereby amended to read 
as follows: 

"(2) Pimlico Business Area Rehabilitation 
Standards - All non-residential properties within the 
area designated as the "Pimlico Business Area" shall 
be subject to the exterior rehabilitation standards set 
forth in Appendix B, Section 2. The "Pimlico Business 
Area" generally includes both sides of the 4900 
through [5100] 5500 blocks of Park Heights Avenue 
(except 4901 Park Heights Avenue) [and 5200 
through 5214 Park Heights Avenue], the odd side of 
the 3100 and 3200 blocks of W. Belvedere Avenue 
and 3202 W. Belvedere Avenue, 3602, 3602A, 3602B, 
3602C, 3602D, 3603, 3605, 3607, 3609 WEST 
ROGERS AVENUE, both sides of the 3100 and 3200 
blocks of Spaulding Avenue, as well as the property 
at the rear of 4912-4928 Palmer Avenue, the rear 
portion of 5010-5018 Palmer Avenue and the 
property at the rear of 4943 Denmore Avenue. 
Addresses of specific properties comprising the 
"Pimlico Business Area" are listed in Appendix B, 
Section 1." 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Plan is hereby amended to add, after Section H., the 
following Section I: 



60 



I 



Ord. 454 



"I. PENALTY FOR NONCOMPLIANCE. 

ANY PERSON VIOLATING ANY PROVISION OF 
THIS PLAN SHALL BE SUBJECT TO A FINE NOT 
EXCEEDING $500, AND EACH DAYS VIOLATION 
SHALL CONSTITUTE A SEPARATE OFFENSE. THIS 
PLAN MAY ALSO BE ENFORCED BY INJUNCTION." 

SEC. 5. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 1 is hereby amended to read as 
follows: 

"SECTION 1 - PROPERTIES WITHIN THE PIMLICO 
BUSINESS AREA 

The following properties constitute the Pimlico 
Business Area: 

W. BELVEDERE AVENUE 

3101 W. Belvedere Avenue 
3109 W. Belvedere Avenue 
3111 W. Belvedere Avenue 
3113 W. Belvedere Avenue 
3115 W. Belvedere Avenue 
3117 W. Belvedere Avenue 
3119 W. Belvedere Avenue 
3121 W. Belvedere Avenue 
3123 W. Belvedere Avenue 
3125 W. Belvedere Avenue 
3202 W. Belvedere Avenue 
3207 W. Belvedere Avenue 
3209 W. Belvedere Avenue 
3211 W. Belvedere Avenue 

DENMORE AVENUE 

rear of 4943 Denmore Avenue (Lot 67, Block 4605, 
Section 20, Ward 27) 



61 



Ord. 454 



PALMER AVENUE 

rear of 4912-4928 Palmer Avenue (Lot 24, Block 

4612, Section 19, Ward 27) 
rear of 5010-5018 Palmer Avenue (Disposition Lot 

21B) 

PARK HEIGHTS AVENUE 

[4900 Park Heights Avenue] 

4900-4902 PARK HEIGHTS AVENUE 

4910 Park Heights Avenue 

4913 Park Heights Avenue 

4915 Park Heights Avenue 

4917 Park Heights Avenue 

4919 Park Heights Avenue 

4921-25 Park Heights Avenue (Disposition Lot 27) 

5000-06 Park Heights Avenue 

5001-03 Park Heights Avenue 

5005-21 Park Heights Avenue (Disposition Lots 21 

and 21A) 
5010 Park Heights Avenue 
5020 Park Heights Avenue 
5100-06 Park Heights Avenue 
5101-07 Park Heights Avenue 
5108 Park Heights Avenue 
5109-13 Park Heights Avenue 
5110 Park Heights Avenue 
5112 Park Heights Avenue 

5114 Park Heights Avenue 
[5115-25 Park Heights Avenue] 

5115 PARK HEIGHTS AVENUE 
5116-20 Park Heights Avenue 
5117 PARK HEIGHTS AVENUE 
5 1 19 PARK HEIGHTS AVENUE M 
5121 PARK HEIGHTS AX'ENUE 1 
5122-30 Park Heights Avenue 
5123-5125 PARK HEIGHTS AVENUE 
5127-31 Park Heights Avenue 
5 132-34 Park Heights Avenue 
5133 Park Heights Avenue 
5136-40 Park Heights Avenue 
5139-43 Park Heights Avenue 



62 



Ord. 454 



5142-44 Park Heights Avenue 

5145 Park Heights Avenue 

5146 Park Heights Avenue 
5200-5204 Park Heights Avenue 
5201 PARK HEIGHTS AVENUE 
5206-5208 Park Heights Avenue 
5212 Park Heights Avenue 
5214 Park Heights Avenue 
5216 PARK HEIGHTS AVENUE 
5218-5224 PARK HEIGHTS AVENUE 
5226-5228 PARK HEIGHTS AVENUE 
5230-5232 PARK HEIGHTS AVENUE 
5234-5236 PARK HEIGHTS AVENUE 
5238-5240 PARK HEIGHTS AVENUE 
5242-5244 PARK HEIGHTS AVENUE 
5250 PARK HEIGHTS AVENUE 
5260 PARK HEIGHTS AVENUE 
5262-5266 PARK HEIGHTS AVENUE 
5263 PARK HEIGHTS AVENUE 
5267-5269 PARK HEIGHTS AVENUE 
5270 PARK HEIGHTS AVENUE 
5271-5279 PARK HEIGHTS AVENUE 
5274 PARK HEIGHTS AVENUE 
5276 PARK HEIGHTS AVENUE 

5300 PARK HEIGHTS AVENUE 

5301 PARK HEIGHTS AVENUE 

5302 PARK HEIGHTS AVENUE 
5304-5306 PARK HEIGHTS AVENUE 
5308-5312 PARK HEIGHTS AVENUE 
5314 PARK HEIGHTS AVENUE 
5316 PARK HEIGHTS AVENUE 
5318-531872 PARK HEIGHTS AVENUE 
5320 PARK HEIGHTS AVENUE 

5322 PARK HEIGHTS AVENUE 
5341-5349 PARK HEIGHTS AVENUE 
5351-5353 PARK HEIGHTS AVENUE 

5400 PARK HEIGHTS AVENUE 

5401 PARK HEIGHTS AVENUE 
5402-540272 PARK HEIGHTS AVENUE 

5403 PARK HEIGHTS AVENUE 

5404 PARK HEIGHTS AVENUE 

5405 PARK HEIGHTS AVENUE 

5406 PARK HEIGHTS AVENUE 



63 



Ord. 454 



5407 PARK HEIGHTS AVENUE 
5408-5408 y2 PARK HEIGHTS AVENUE 

5409 PARK HEIGHTS AVENUE 

5410 PARK HEIGHTS AVENUE 
541072 PARK HEIGHTS AVENUE 

5411 PARK HEIGHTS AVENUE 
5412-5414 PARK HEIGHTS AVENUE 
5413 PARK HEIGHTS AVENUE 
5415 PARK HEIGHTS AVENUE 
5416-541672 PARK HEIGHTS AVENUE 

5417 PARK HEIGHTS AVENUE 

5418 PARK HEIGHTS AVENUE 

5419 PARK HEIGHTS AVENUE 
5421 PARK HEIGHTS AVENUE 
5423 PARK HEIGHTS AVENUE 
5425 PARK HEIGHTS AVENUE 
5427 PARK HEIGHTS AVENUE 

5429 PARK HEIGHTS AVENUE 

5430 PARK HEIGHTS AVENUE 
5441 PARK HEIGHTS AVENUE 
5443 PARK HEIGHTS AVENUE 
5447 PARK HEIGHTS AVENUE 
5449 PARK HEIGHTS AVENUE 
5451 PARK HEIGHTS AVENUE 
5453 PARK HEIGHTS AVENUE 
5455 PARK HEIGHTS AVENUE 
5456-5460 PARK HEIGHTS AVENUE 
5457 PARK HEIGHTS AVENUE 
5459 PARK HEIGHTS AVENUE 
5461 PARK HEIGHTS AVENUE 
5465 PARK HEIGHTS AVENUE 
5475 PARK HEIGHTS AVENUE 
5500 PARK HEIGHTS AVENUE 
5501-5503 PARK HEIGHTS AVENUE 
5502-550272 PARK HEIGHTS AVENUE 
5504-5510 PARK HEIGHTS AVENUE 
5505-5507 PARK HEIGHTS AVENUE 

5511 PARK HEIGHTS AVENUE 

5512 PARK HEIGHTS AVENUE 
5516 PARK HEIGHTS AVENUE 



64 



Ord. 454 



WEST ROGERS AVENUE 

3602 WEST ROGERS AVENUE 
3602 A WEST ROGERS AVENUE 
3602 B WEST ROGERS AVENUE 
3602 C WEST ROGERS AVENUE 

3602 D WEST ROGERS AVENUE 

3603 WEST ROGERS AVENUE 
3605 WEST ROGERS AVENUE 
3607 WEST ROGERS AVENUE 
3609 WEST ROGERS AVENUE 

SPAULDING AVENUE 

3100 Spaulding Avenue 
3102 Spaulding Avenue 
3104 Spaulding Avenue 
rear of 3104 Spaulding Avenue (Lot 25, Block 4584, 

Section 19, Ward 27) 
3106 Spaulding Avenue 
3202-04 Spaulding Avenue 

Property on the northv^est side of Spaulding Avenue, 
189 feet, southwest of Park Heights Avenue (Lot 21, 
Block 4582, Section 21, Ward 27)" 

Property on the northv^est side of Spaulding Avenue, 
135 feet 9 inches, southwest of Park Heights Avenue 
(Lot 22, Block 4582, Section 21, Ward 27) 

Property on the northwest side of Spaulding Avenue, 
83 feet 9 inches southwest of Park Heights Avenue 
(Lot 24, Block 4582, Section 21, Ward 27) 

SEC. 6. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 2 A.5.b. is hereby amended to read 
as follows: 

"b. They shall not project more than [seven (7)] TEN 
(10) feet from the building front and shall otherwise 
conform with the provisions of Qty ordinances." 



65 



Ord. 454 



SEC. 7. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 2 A.5.d. is hereby amended to read 
as follows: 

"d. Rigid or fixed awnings, sun screens or permanent 
canopies are not permitted on any portion of the 
building front, unless done as a continuous structure 
encompassing all commercial properties, OR 
APPROVED BY THE COMMISSIONER OF THE 
DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT." 

SEC. 8. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 2 G.9. is hereby amended to read as 
follows: 

"9. All signs not conforming to the above regulations 
shall be removed within two years from the date of 
enactment of the ordinance approving Amendment 
No. 4 to this Plan. WHENEVER THE BOUNDARIES 
OF THE PIMLICO BUSINESS AREA ARE EXPANDED 
BY ORDINANCE, N ON- CONFORMING GENERAL 
ADVERTISING SIGNS AND SIGNS WITHIN THE 
EXPANDED AREA SHALL BE REMOVED WITHIN 
TWO YEARS FROM TFIE DATE OF ENACTMENT OF 
THE ORDINANCE EXPANDING THE BOUNDARIES. 
Future minor privilege permits for signs shall be 
issued only for those signs meeting project design 
criteria." 

SEC. 9. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 2 H. is hereby amended to read as 
follows: 

"H. Period of Compliance. 

To the extent that rehabilitation requirements for 
commercial uses are specifically applicable to the 
Pimlico Business Area and are not generally required 
elsewhere, the work necessary to meet such 
requirements shall be completed within two (2) years 
from the effective date of die [ordinancel 
ORDINANCES approving Amendment No. 4 AND 



66 



Ord. 454 



AMENDMENT NO. 7 to this Plan unless extended by 
the Commissioner or miless specifically outlined 
elsewhere in this Plan. Thereafter, all work shall be 
completed in accordance with the date of completion 
set forth in the notice from the Commissioner. No 
work, alterations or improvements shall be 
midertaken after enactment of the [ordinance] 
ORDINANCES approving Amendment No. 4 AND 
AMENDMENT NO. 7 to this Plan which do not 
conform with the requirements herein. However, the 
Commissioner may waive compliance with one or 
more of these standards if the proposed 
improvements do not adversely affect the objectives 
of this Plan." 

SEC. 10. AND BE IT FURTHER ORDAINED, That 
Appendix B, Section 2 I. B. is hereby amended to add, 
after 2.I.B.(7), the following subparagraph (8): 

"(8) TRAILERS OTHER THAN FOR TEMPORARY 
USES WILL NOT BE PERMITTED. MODULAR 
STRUCTURES MUST BE APPROVED BY THE 
COMMISSIONER OF HOUSING AND 
COMMUNITY DEVELOPMENT." 

SEC. 11. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby may not meet the 
requirements as to the content of a renewal plan or the 
procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore 
City Code (1983 Replacement Volume, as amended), the 
said requirements are hereby waived and the amended 
Urban Renewal Plan approved hereby is exempted 
therefrom. 

SEC. 12. AND BE IT FURTHER ORDAINED, That in 

the event it be judicially determined that any word, 
phrase, clause, sentence, paragraph, section or part in or 
of this ordinance or the application thereof to any p>erson 
or circumstances is invalid, the remaining provisions and 
the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 



67 



Ord. 454 



and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 13. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the City of Baltimore 
which establishes a lower standard for the promotion and 
protection of the pubUc health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is 
hereby repealed to the extent that it may be foimd in 
conflict with this ordinance. 

SEC. 14. AND BE IT FURTHER ORDAINED, That 
Section C.l. of the Plan is hereby amended to read as 
follows: 

The Commissioner is hereby authorized to amend 
the General Land Use Plan Map, Exhibit 1, by changing 
tlie zoning designation of 5430 Park Heights Avenue from 
an R-6 Zoning District to the B-3-2 Zoning District. 

SEC. U 15. AND BE IT FURTHER ORDAINED, That 
tliis ordinance shall take effect on the date of its 
enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



68 



I 



Ord. 455 



CITY OF BALTIMORE 

ORDINANCE NO. 455 

(Council BUI No. 920) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 913 DRUID PARK LAKE DRIVE 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the property known as 913 
Druid Park Lake Drive, as outlined in red on the plats 
accompanying this ordinance , subject to certain 
conditions . 

BY adding 

Article 30 - Zoning 
Section(s) 4.10-ld and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
property known as 913 Druid Park Lake Drive as outlined 
in red on the plats accompanying this ordinance, imder 
the provisions of Section(s) 4.10-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1983 Replacement 
Volimie, as amended), tide "Zoning" , subject to the 
following conditions: 

L The parking lot must be for at grade parking. 
It may not be above grade nor may it be a 
parking garage. 

Z The final design of the parking lot shall be 
submitted to the Planning Commission for 
review and approval, including final location 
of the entrance to the parking lot. 



69 



Ord. 456 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments v^hich are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 456 

(Council Bill No. 923) 

AN ORDINANCE concerning 

ZONING - AMENDMENT TO MT. WASHINGTON MILL 
PLANNED UNIT DEVELOPMENT 

FOR the purpose of approving the application of 

Washingtonville Limited Partnership, to amend the 
Planned Unit Development approved by Ordinance 
No. 11 , approved July 1, 1992, and to approve the 
amended Development Plan submitted by the 
applicant. 

BY authority of 

Article 30 - Zoning 



70 



Ord. 456 



Chapter 12 - Planning Developments 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, On May 28, 1994, in order to institute 
proceedings to amend the Mt. Washington Mill Planned 
Unit Development, representatives of Washingtonville 
Limited Partnership met with members of the Baltimore 
Qty Planning Department to hold a Pre-Petition 
Conference to explain the scope and nature of the existing 
and proposed development on the property; and 

WHEREAS, By introduction of this ordinance, 
Washingtonville Limited Partnership applies to the Mayor 
and Qty Council of Baltimore for amendment to the 
Plaimed Unit Development and the related Development 
Plan intended to satisfy the requirements specified in 
Chapter 12 of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended); and 

WHEREAS, By requesting the introduction of this 
amending ordinance, Washingtonville Limited Partnership 
signifies its intention to implement and maintain the 
development of the property in accordance with the 
Development Plan, as amended, for Mt. Washington Mill; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
Washingtonville Limited Partnership, as outlined in the 
amended Development Plan accompanying the Ordinance, 
to amend the Planned Unit Development approved by 
Ordinance No. 11 approved July 1, 1992, pursuant to 
Article 30, Chapter 12 of the Baltimore Qty Code (1983 
Replacement Volimie, as amended), be and it is hereby 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
amended Development Plan submitted by Washingtonville 
Limited Partnership attached hereto and made a part 
hereof, be and it is hereby approved. 



71 



Ord. 456 



SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Mt. Washington Mill Planned Unit Development be 
expanded by adding thereto the following additional 
prop>erties, the addition of which properties is hereby 
approved. 

(a) Lot 8 of Ward 27, Section 15, Block 4660 
owned by the Mayor and Qty Council of 
Baltimore, and leased or to be leased to 
Washingtonville Limited Partnership for a 
term of years; and 

(b) Lot 5/7 of Ward 27, Section 15, Block 4660 
owned by the Mayor and Qty Comicil of 
Baltimore, and leased or to be leased to 
Washingtonville Limited Partnership for a 
term of years; and 

(c) Lot 4 of Ward 27, Section 15, Block 4660 
(1407 Forge Avenue) owned by the Mayor 
and Qty Council of Baltimore, and leased or 
to be leased to Washingtonville Limited 
Partnership for a term of years; and 

(d) Lot 3 of Ward 27, Section 15, Block 4660 
(1405 Forge Avenue) owned or to be owned 
by Washington-ville Limited Partnership. 

(e) The bed of Forge Avenue running west from 
Clinton Street and ending at the eastern 
boundary of the Jones Falls Expressway. 

(0 The beds of two alleys lying contiguous to 
and to the east and north of Lot 8, Ward 27, 
Section 15, Block 4660. 

SEC. 4. AND BE IT FURTHER ORDAINED That the 
Development Plan for Mt. Washington Mill be amended 
by substituting in the Development Plan the following 
Amended Sheets, copies of which are attached to this 
Ordinance and made a part of it, the addition of which is 
hereby approved: 



72 



Ord. 456 



Amended Sheet 1 - Plan Index 
Amended Sheet 2 - Existing Site G^ndition 
Amended Sheet 6 - Development Plan - General 
Amended Sheet 7 - Development Plan - Landscaping 

SEC. 5. AND BE IT FURTHER ORDAINED, That SEC. 
3 of the Ordinance, subparagraph (a)(3) be amended to 
read as follows: 

(3) The following uses specified in Section 7.1-1 
of the Zoning Ordinance as permitted or conditional uses 
in the M-1 Zoning District are prohibited in the Planned 
Unit Development: adhesive products (manufacturing); 
athletic fields; atomic reactors; [automatic banking 
terminals]; automotive parts (manufacturing); boat repair 
facilities; brooms (manufacturing); carpets 
(manufacturing); conmiunity correction centers; day 
nurseries, group day care centers, and nursery schools; 
die casting, drug abuse rehabilitation and treatment 
centers; electroplating; extraction of gravel, sand, or other 
raw materials; fences (manufacturing); fire and police 
stations; flammable liquids (manufacturing and storage); 
galvanizing; gases (manufacturing and storage); hardware 
and tools (manufacturing); hotels and motels; ink and 
inked products (manufacturing); machine tools 
(manufacturing); marinas; matches (manufacturing); 
mattresses (manufacturing); metal finishing; metal 
products and machinery (manufacturing); polish 
(manufacturing); private piers; public transportation uses; 
public utility services; radar installations; railroad rights- 
of-way and passenger stations; rope, fibrous 
(manufacturing); ship chandlers; shipyards; silverware 
(manufacturing); starch (manufacturing); tool, die, or 
pattern making shops; twine, fibrous (manufacturing); 
umbrellas (manufacturing); undertaking estabhshments 
and funeral parlors; union halls; wire (manufacturing). 

SEC. 6. AND BE IT FURTHER ORDAINED, That SEC. 
3 (b) (1) of the Ordinance be amended to read as 
follows: 

"(1) In addition, the following uses specified in 
Chapter 6 of the Zoning Ordinance as permitted 



73 



Ord. 456 



uses in the Business Zoning Districts, together 
with all accessory uses incidental to them, are 
spedfically authorized as permitted uses in the 
Planned Unit Development: art and school supply 
stores; art needlework shops; bakeries Cincluding 
sale of bakery products to restaurants, hotels, 
clubs, and other similar establishments); barbef 
shops; boaut^^ ch e^sj blueprinting and 
photostating establishments; book and magazine 
stores and similar establishments (Class A); 
business and office machine sales, rental, and 
service; camera and photos^aphic supply stores; 
catering establishments Coff premises) , food; 
communication systems sales and service; 
electrical and household appliance repair stores; 
financial institutions; florist shops; food stores 
and d e licat e ss e ns (excluding convenience stores); 
gift and card shops; interior decorating shops 
(including upholstering, etc., when conducted as 
an accessory use); junior colleges, colleges, 
business colleges, and universities (Maryland 
Institute College of Art, including their 
continuing education program); libraries and 
galleries; medical and dental clinics; musical 
instruments sales and repairs; offices (business, 
governmental, and professional); office supply 
stores; optician sales; orthopedic and medical 
appliance stores; pharmacies; photocopying 
services; photographers; photographic printing 
and developing establishments; picture framing 
shops; processing, cleaning, servicing, testing, or 
repairs of materials, goods, or products; 
production and repair of clothing (custom 
manufacturing and alterations), art and art craft, 
dentures, and optical lenses; radio and television 
stations and studios; recording studios; 
restaurants and lunch rooms (but not including 
live entertainment or dancing); schools, 
commercial; schools, trade; schools and studios 
(music, dance, and business); secretarial and 
telephone answering services; security sales, 
brokerages, and exchanges; stationery stores; 
tailor or dressmaking shops, for custom work or 



74 



I 



Ord. 456 



repairs; ticket agencies; tobacco shops; travel 
bureaus; wearing apparel shops.". 

SEC. 6 7. AND BE IT FURTHER ORDAINED That 
SEC. 4 of the Ordinance is amended to read as follows; 

"SEC. 4. AND BE IT FURTHER ORDAINED, That all 
retail uses authorized under Section 3(b) of the 
Ordinance shall be limited to the following locations in 
the Mt. Washington Mill Planned Unit Development; first 
floor of Old Office Building; first floor of Carpenter Shop; 
Dye House; Engine House; Link Building (to be 
constructed); Boiler House; Forge Building; [and] first 
AND SECOND floor of Wheel House (3 story portion of 
Stone Mill at western end) AND BYRNE BUILDING.^ 

^EC. 7 8. AND BE IT FURTHER ORDAINED, That 
SEC. 5 of the Ordinance, subparagraphs (b) (1) and (b) (2) 
be amended to read as follows; 

"0?) Limit on Retail and School Uses 

(1) The net leasable area in the Planned 
Unit Development for the following retail uses 
authorized under Section 3(b) of this Ordinance shall 
not exceed 1,500- square feet for each use: barb e r 
shops; beauty shopc; food stores and d e licat e ss e ns ; 
gift and card shops; pharmacies; restaurants and 
lunch rooms (but not including live entertainment or 
dancing); stationery stores; wearing apparel shops. 

(2) The net leasable area in the Planned 
Unit Development for all retail uses authorized under 
Section 3(b) of this Ordinance shall not exceed 6,000 
square feet FOR ALL RETAIL USES OTHER THAN A 
FOOD STORE AND A MAXIMUM NET LEASABLE 
AREA OF 24,500 SQUARE FEET FOR A FOOD STORE 
IN THE FORGE BUILDING ; HOWEVER, SHOULD THE 
OLD FORGE BUILDING BE OCCUPIED BY A FOOD 
STORE, SUCH USE SHALL BE THE EXCLUSIVE USE 
AND NO OFFICE SPACE OTHER THAN OFFICE 
SPACE INCIDENTAL TO THE OPERATION OF THAT 
FOOD STORE WILL BE PERMITTED. IF THE FOOD 



75 



Ord. 456 



STORE DOES NOT OCCUPY THE OLD FORGE 
BUILDING THE PERMITTED OFFICE USE OF THE 
BUILDING SHALL REVERT TO THAT ORIGINALLY 
AUTHORIZED BY THE ORDINANCE. ". 

SEC. 9. AND BE IT FURTHER ORDAINED, That 
Section 5Cb)C4) be added to the Ordinance to read as 
follows: 

"(4) Any restaurant in this Development which is 
granted a liquor license shall not contain a bar at 
which patrons are served alcoholic beverages, but 
shall have only a sendee bar, from which its 
employees obtain alcohoUc beverages for diners who 
are consuming food on the premises.". 

SEC. 10. AND BE IT FURTHER ORDAINED, That SEC. 
7 of the Ordinance be repealed and reordained to read as 
follows: 

"(A) THAT WASHINGTONVILLE 
LIMITED PARTNERSHIP SHALL 
REIMBURSE THE CITY FOR ALL 
EXPENSES INCURRED BY THE CITY 
FOR INSTALLATION OF A TRAFFIC 
CONTROL DEVICE AT THE 
INTERSECTION OF FALLS ROAD AND 
SMITH AVENUE. FURTHERMORE, NO 
OCCUPANCY PERMIT SHALL BE ISSUED 
FOR OPERATION OF A FOOD STORE 
AUTHORIZED BY THE ORDINANCE, AS 
AMENDED, UNTIL SUCH TIME THAT 
THE TRAFFIC CONTROL DEVICE IS 
INSTALLED, OPERATIONAL, AND THE 
CITY RECEIVES REIMBURSEMENT, AND 
ALL SITE CONDITIONS ARE IN PLACE 
AND ACCOMPLISHED, INCLUDING 
CONSTRUCTION OF PARKING LOTS, 
PAVING, AND LANDSCAPING. 

CB) THAT WASHINGTONVILLE LIMITED 
P ARTNERSHIP SHALL CONSTRUCT AN 
ATTRACTIVE WALKWAY CONNECTING THE MT. 



76 



Ord. 457 



WASHINGTON MILL DEVELOPMENT WITH THE 
EXISTING LIGHT RAIL WALKWAY AT SMITH 
AVENUE, EAST OF JONES FALLS EXPRESSWAY 
SUBJECT TO THE GRANTING OF PERMISSION 
BY THE OWNERS COTHER THAN THE 
PARTNERSHIP) OF ANY PROPERTIES ON 
WHICH THE WALKWAY WILL BE BUILT AND 
SUBJECT TO REVIEW AND APPROVAL BY THE 
PLANNING DEPARTMENT OF THE LOCATION 
AND DESIGN OF THE WALKWAY AND 
COMPLIANCE WITH APPLICABLE LAWS AND 
REGULATIONS.". 

SEC. § n. AND BE IT FURTHER ORDAINED, That, 
as evidence of the authenticity of the amended 
Development Plan approved by this Ordinance and in 
order to give notice to the departments that administer 
the Zoning Ordinance of Baltimore Qty, the President of 
the City Council shall sign the amended Development 
Plan upon passage of this Ordinance by the Qty Council, 
the Mayor shall sign the amended Development Plan 
upon his approval of this Ordinance and the Director of 
Finance shall then transmit a copy of this Ordinance and 
the Development Plan to the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Supervisor 
of Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 9 12. AND BE IT FURTHER ORDAINED, That 
this Ordinance shall take effect on the date of its 
enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 457 
(Council Bill No. 924) 
AN ORDINANCE concerning 

77 



Ord. 457 



ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME - 3313 POPLAR STREET 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of a 
nursing home for no more than 120 occupants on the 
property known as 3313 Poplar Street, as outlined in 
red on the plats accompanying this ordinance, subject 
to final licensure by the State Department of Health 
and Mental Hygiene ; subject to the condition that the 
Planning Commission shall have final approval for the 
design and landscape plans; and providing that any 
future bed and/or building expansion, including adult 
day care, shall require Planning Commission 
approval . 

BY authority of 

Article 30 - Zoning 

Sections 4.6-ld-l and 11.0-6d 

Baltimore City Code (1983 Replacement Volimie, as 

amended) 
and 

Article 12 - Hospitals 
Section 1 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted to The Greater Maryland Jurisdiction 
Church of God In Christ Nursing and Rehabilitation 
Center, Inc. for the establishment, maintenance and 
operation of a nursing home for no more than 120 
occupants on the property knov^m as 3313 Poplar Street, 
as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.6-ld-l and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tided '"Zoning", and 
Section 1 of Article 12, title "Hospitals" of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), 
subject to final licensure by the State Department of 
Health and Mental Hygiene ; subject to the condition that 
tlie Planning Commission shall have final approval for the 



78 



Ord. 458 



design and landscape plans: and providing that any future 
bed and/or building expansion, including adult day care, 
shall require Planning Gpmmission approval . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 458 

(Council Bill No. 941) 

AN ORDINANCE concerning 

FIRE PREVENTION CODE OF BALTIMORE CITY 

FOR the purpose of adopting with certain amendments, 
deletions, and additions, the BOCA National Fire 
Prevention Code, 9th Edition, 1993, and the 1994 
Official Supplement to the Fire Prevention Code of 
Baltimore Qty, as amended, as the Fire Prevention 
Code of Baltimore Qty, Article 9 of the Baltimore Qty 



79 



Ord. 458 



Code ; incorporating by reference into this Ordinance 
the 1994 Official Supplement to the Fire Prevention 
Code of Baltimore Qty, as amended, revised, 
recodified and published by certain Qty agencies; 
authorizing the Director of the Department of 
Legislative Reference to make corrections and 
renumber section headings, article, section, and 
subsection references to conform to the numbering 
system in the BOCA National Fire Prevention Code, 
9th Edition, 1993, and make certain other technical 
changes; providing for the effect, construction and 
effective date of this Ordinance; repealing the 
previous Fire Prevention Code of Baltimore Qty 
subject to certain conditions, and generally relating to 
the adoption and revision of the Fire Prevention Code 
of Baltimore Qty. 

BY repealing 

Article 9 - Fire Department and Fire Code 
Subtitie - Fire Prevention Code as adopted by 
Ordinance No. 764, 1991. 

BY adopting 

Article 9 - Fire Department and Fire Code 
Subtitie - Fire Prevention Code, consisting of: 

the BOCA National Fire Prevention Code, 9th 

Edition, 1993; and 

the 1994 Official Supplement to the Fire 

Prevention Code of Baltimore Qty. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Fire Prevention 
Code of Baltimore Qty, adopted by Ordinance No. 764, 
1991, be and the same is hereby repealed. 

SEC. 2. AND BE IT FURTHER ORDAINED, That die 
BOCA National Fire Prevention Code, 9th Edition, 1991, 
and the 1994 Official Supplement to the Fire Prevention 
Code of Baltimore Qty, as amended, be and they are 
adopted as the "Fire Prevention Code of Baltimore Qty", 
in Article 9, "Fire Department and Fire Code", under 
subtitie - "Fire Prevention Code" of the Baltimore Qty 
Code (1983 Replacement Volume, as amended). 



80 



1 

I 



Ord. 458 



SEC. 3. AND BE IT FURTHER ORDAINED, That the 
1990 Official Supplement to the Fire Prevention Code of 
Baltimore Qty, as amended, revised and recodified by the 
Fire Department and published by the Department of 
Legislative Reference as the 1994 Official Supplement to 
the Fire Prevention Code of Baltimore Qty, be and it is 
incorporated by this reference into this Ordinance. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
following sections of the BOCA National Fire Prevention 
Code, 9th Edition, 1993, of the Fire Prevention Code of 
Baltimore Qty hereby being adopted, are hereby 
repealed: F-108.2. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
following sections of the BOCA National Fire Prevention 
Code, 9th Edition, 1993, of the Fire Prevention Code of 
Baltimore Qty hereby being adopted, are hereby repealed 
and replaced: F-101.3, F-105.1, F-107.2 inclusive, F- 
108.3, F-109.1, F-112.0 in its entirety, F-113.1, F-113.2, 
F-113.3, F-201.0 "General Definitions" - the following 
terms only: "Building Code Official", "Code Official", and 
"Owner", F-311.2, F-313.1. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
follovmig sections of the BOCA National Fire Prevention 
Code, 9th Edition, 1993, of the Fire Prevention Code of 
Baltimore Qty hereby being adopted, are hereby 
amended: F-101.1, F-403.10, F-501.2, F-601.7, F-608.2, 
F-3009.1. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
following sections are hereby added to the BOCA National 
Fire Prevention Code, 9th Edition, 1993, of the Fire 
Prevention Code of Baltimore Qty, to be included in the 
1994 Official Supplement to the Fire Prevention Code of 
Baltimore Qty: F-101.6, F-102.2.1, F-105.9, F-105.10, F- 
107.9, F-110.4, F-111.3, F-111.4, F-201.0 "General 
Definitions" - the following terms only: "Board", F-304.4, 
F-308.4, F-308.4.1, F-315.7.1, F-316.0 in its entirety, F- 
317.0 in its entirety, F-403.11, F-512.4, F-518.6, F-519.0 
in its entirety, F-520.0 in its entirety, F-601.10, F- 



81 



Ord. 458 



601.10.1, F-703.5, ¥-707.4, ¥-707.5, F-904.12, F-1403.5, 
F-3606.5. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
Director of the Department of Legislative Reference is 
hereby authorized to pubUsh the 1994 Official 
Supplement to the Fire Prevention Code of Baltimore City, 
with amendments and changes as provided for and 
authorized by this Ordinance; and the Director is further 
authorized to change numeration, capitalization, 
punctuation, spelling, numbers of section headings, and 
article, section and subsection references in the 1994 
Official Supplement to the Fire Prevention Code of 
Baltimore Qty to conform to the section headings, and 
article, section and subsection references contained in the 
BOCA National Fire Prevention Code, 9th Edition, 1993, 
and to make certain technical changes, including 
clarifying references in the 1994 Official Supplement to 
the Fire Prevention Code of Baltimore Qty from "Mayor 
and Qty Council of Baltimore Qty" to "City". 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 
BOCA National Fire Prevention Code, 9th Edition, 1993, 
and the 1994 Official Supplement to the Fire Prevention 
Code of Baltimore City, as edited and published by the 
Department of Legislative Reference, is legalized and shall 
be deemed and taken in all the courts of the State of 
Maryland and by all public officials of the State and of its 
several subdivisions to be evidence of the Fire Prevention 
Code of Baltimore Qty. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
provisions of this Ordinance shall apply to building 
operations for w^hich a permit application has been filed 
on or subsequent to the effective date of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That, 
except as expressly provided to the contrary in this 
Ordinance, any transaction, case, proceeding, 
investigation, or any other matter validly entered into 
before the effective date of this Ordinance, affected by or 
flowing from any ordinance amended or repealed herein, 
and any right, duty or interest flowing from any 



82 



Ord. 459 



ordinance amended or repealed herein, remains valid 
after die effective date of this Ordinance and may be 
terminated, completed, enforced, or prosecuted as 
required or permitted by any ordinance amended, or 
repealed by this Ordinance as though the amendment or 
repeal has not occurred. If any change in nomenclature 
involves a change in name or designation of any City 
agency or official, the successor agency or official shall be 
considered in all respects as having the powers and 
obligations granted the former one. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on D e c e mb e r 1, 199^ the 30th 
day after the date of its enactment . 

Approved December 22, 1994 >^ 

KURT L. SCHMOKE, Mayor ^^ 



CITY OF BALTIMORE ^ 

K 

ORDINANCE NO. 459 ^ 

Li. 

(Council Bill No. 945) > 

2 

AN ORDINANCE concerning 

CITY PLAYGROUND - CHANGE OF NAME 

FOR the purpose of changing the name of the Presstman 
Street Playground to Alexander Odum Playgroimd. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of the 
Presstman Street Playground located at 3OQ0 3111 
Presstman Street be and it is hereby changed and shall 
hereafter be known as the Alexander Odum Playground. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



83 



Ord. 460 



Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 460 

(Council BUI No. 955) 

AN ORDINANCE concerning 

CITY DEPARTMENT OF EDUCATION BUILDING - 
CHANGE OF NAME 

FOR the purpose of changing the name of the Department 
of Education's Operations and Mechanical Services 
Building to the Joseph N. Jackson Operations and 
Mechanical Services Building. 

WHEREAS, Joseph Norman Jackson was a dedicated 
employee of the Baltimore Qty Public School System for 
over 31 years prior to his retirement, and he continued 
that excellent service as a contractual employee; and 

WHEREAS, This graduate of our public school system 
began as an employee in the Physical Plant and reached 
the level of Night Operations Supervisor, in which 
capacity he served until his passing in 1993; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of the 
Department of Education's Operations and Mechanical 
Building, located at 2201 Garrett Avenue, be and is 
hereby changed and shall hereafter be known as the 
Joseph N. Jackson Operations and Mechanical Building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



84 



Ord. 461 



Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 461 

(Council Bill No. 957) 
AN ORDINANCE concerning 

CITY PROPERTY - SALE - 2102-2110 MACE STREET 

2 

FOR the purpose of authorizing the Mayor and Qty ^ 

Council of Baltimore to sell at either public or private > 

sale all of the interest of the Mayor and City Council ^ 

of Baltimore in and to a certain parcel of land and S 

improvements located at 2102-2110 Mace Street, u. 
Baltimore, Maryland, said parcel of land and 

improvements being no longer needed for public use. K 

BY authority of 5 

Article V - Comptroller ? 

Section 5(b) ? 

Baltimore Qty Charter (1964 Revision, as amended) " 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore City be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to that parcel of land and 
improvements situate in Baltimore, Maryland, and 
described as follows: 

2102-2110 Mace Street 

(Ward 12, Section 7, Block 3609, Lot 37) 

a 5,500 -I- square foot parcel of land improved 

with a one story garage 

Said property being no longer needed for public use. 
85 



Ord. 462 



SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been first approved by the City SoHcitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 462 

(Council Bill No. 969) 

AN ORDINANCE concerning 

URBAN RENEWAL - MUNICIPAL CENTER AREA 
AMENDMENT NO. 8 

For the purpose of amending the Urban Renewal Plan for 
the Municipal Center Area to, among other things, 
authorize the acquisition by purchase or by 
condemnation of a certain property for urban renewal 
purposes; revise appropriate Exhibits attached to the 
Plan to reflect the changes proposed herein; waive 
such requirements, if any, as to content or procedure 
for the preparation, adoption, and approval of 
renewal plans as set forth in Article 13 of the 
Baltimore City Code which the amended Plan may 
not meet; provide for the severability of the various 
parts and provisions of this ordinance; provide that 
where the provisions of this ordinance shall conflict 
with any other ordinance in force in the Qty of 
Baltimore, the provision which establishes the higher 
standard shall prevail; and provide for an effective 
date hereof. 

WHEREAS, The Urban Renewal Plan for the 
Municipal Center Area was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 291, 



86 



Ord. 462 

approved March 8, 1977, and last amended by Ordinance 
No. 7, dated June 1, 1993; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
aty Code (1983 Replacement Volimie, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and 
Community Development, the approval of such change or 
changes by the Director of the Department of Planning, 
and approval and adoption by ordinance of the Mayor 
and Qty Council of Baltimore after a public hearing in 
relation thereto, all in the manner set forth in said Article 
13; and 

WHEREAS, Said amended Renewal Plan for the 
Mimicipal Center Area has been approved by the Director 
of the Department of Planning with respect to its 
conformity as to the Master Plan, the detailed location of 
any public improvements proposed in the amended 
Renewal Plan, its conformity as to the rules and 
regulations for subdivisions, and its conformity to existing 
and proposed zoning classifications; and the said 
amended Renewal Plan has been approved and 
recommended to the Mayor and City Council of 
Baltimore, by the Commissioner of the Department of 
Housing and Community Development, now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Municipal Center Area, identified as 
"Urban Renewal Plan, Municipal Center Area, revised to 
include Amendment No. 8, dated September 13, 1994," 
having been duly reviewed and considered, is hereby 
approved, and the Clerk of the City Council is hereby 
directed to file a copy of said amended Urban Renewal 
Plan with the Department of Legislative Reference as a 
p)ermanent public record and to make the same available 
for public inspection and information. 



87 



Ord. 462 



SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
necessary to acquire, by purchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any 
lesser interest in and to the following property or portions 
thereof, together with all right, title, interest and estate 
that the owner or owners of said property interests may 
have in all streets, alleys, ways or lanes, public or private, 
both abutting the whole area described and/or contained 
within the perimeter of said area, situate in Baltimore 
City, Maryland, and described as follows: 

35 and 43 Market Place and all rights appertaining 
thereto 

SEC 3. AND BE IT FURTHER ORDAINED, That the 
Real Estate Acquisition Division of the Department of the 
Comptroller, or such person or persons and in such 
manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the 
Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the 
Mayor and Qty Council of Baltimore and for purposes 
described in this Ordinance, the fee simple interest or any 
lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate 
Acquisition Division of the Department of the 
Comptroller, or such person or persons, and in such 
manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5, of the 
Baltimore Qty Charter, may hereafter from time to time 
designate is or are unable to agree with the owner or 
owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the Qty 
Solicitor of Baltimore Qty, who shall thereupon institute 
in the name of the Mayor and Qty Council of Baltimore 
the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser 
interest in and to said properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
revised Exhibit: Exhibit F, entided "Acquisition Plan," 
dated as revised September 13, 1994, is hereby approved. 



88 



\ 



Ord. 462 



SEC. 5. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby may not meet the 
requirements as to the content of a renewal plan or the 
procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), the 
said requirements are hereby waived and the amended 
Urban Renewal Plan approved hereby is exempted 
therefrom. 

SEC. 6. AND BE IT FURTHER ORDAINED, That in 
the event it be judicially determined that any word, 
phrase, clause, sentence, paragraph, section or part in or 
of this ordinance, or the application thereof to any person 
or circumstances is invalid, the remaining provisions and 
the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plimibing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 



89 



Ord. 463 



SEC. 8. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 463 

(Comicil Bill No. 982) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 124 

FOR the purpose of consenting to and approving a 

Petition for the extension of the Metropolitan District 
of Baltimore Coimty to a tract of land consisting of 
6.312 acres in the Second Election District of 
Baltimore County located in the vicinity of Winands 
Road, District 2C3 and in accordance with the 
provisions of Chapter 539 of the Acts of the General 
Assembly of Maryland of 1924, as amended by 
Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Second Election District of 
Baltimore County located in the vicinity of Winands Road, 
District 2C3, more particularly shov^ni on a plat filed in 
the Department of Public Works of Baltimore County 
numbered Extension 124, is in accordance with the 
authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and 
approved. 



90 



Ord. 464 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 464 

(Council Bill No. 927) 

AN ORDINANCE concerning 

TAX CREDIT FOR NEWLY CONSTRUCTED DWELLINGS 

FOR the purpose of providing a property tax credit for 
newly constructed dwellings. 

BY adding 

Article 28 - Taxes 
Subtitle - Tax Credits 
Section 75D 

Baltimore City Code (1983 Replacement Volimie, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 28 - TAXES 

Tax Credits 

75D. NEWLY CONSTRUCTED DWELLINGS. 

(A) THERE IS ESTABUSHED A PROPERTY TAX 
CREDIT, AS AUTHORIZED IN SECTION 9-304 OF THE 
TAX PROPERTY ARTICLE OF THE ANNOTATED CODE 
OF MARYLAND, AGAINST THE PROPERTY TAX 



91 



Ord. 464 



IMPOSED ON NEWLY CONSTRUCTED DWELLINGS THAT 
ARE OWNED BY QUALIFYING OWNERS. 

(B) THE DEFINITIONS FOR "NEWLY CONSTRUCTED 
DWELLING" AND "HOMEOWNER" CONTAINED IN 
SECTION 9-304CD) OF THE TAX PROPERTY ARTICLE OF 
THE ANNOTATED CODE OF MARYLAND ARE 
INCORPORATED INTO THIS SECTION BY THIS 
REFERENCE. 

(Q A PROPERTY TAX CREDIT GRANTED UNDER 
THIS SECTION MAY NOT EXCEED THE AMOUNT OF 
PROPERTY TAX IMPOSED ON THE REAL PROPERTY, 
LESS THE AMOUNT ON ANY OTHER CREDIT 
APPLICABLE IN THAT YEAR, MULTIPLIED BY: 

(1) 50% FOR THE FIRST TAXABLE YEAR IN 
WHICH THE PROPERTY QUALIFIES FOR THE TAX 
CREDIT; 

(2) 40% FOR THE SECOND TAXABLE YEAR IN 
WHICH THE PROPERTY QUALIFIES FOR THE TAX 
CREDIT; 

(3) 30% FOR THE THIRD TAXABLE YEAR IN 
WHICH THE PROPERTY QUALIFIES FOR THE TAX 
CREDIT; 

(4) 20% FOR THE FOURTH TAXABLE YEAR IN 
WHICH THE PROPERTY QUALIFIES FOR THE TAX 
CREDIT; 

(5) 10% FOR THE FIFTH TAXABLE YEAR IN 
WHICH THE PROPERTY QUALIFIES FOR THE TAX 
CREDIT; AND 

(6) 0% FOR EACH TAXABLE YEAR 
THEREAFTER. 

CD) OWNERS OF NEWLY CONSTRUCTED 
DWELLINGS MAY QUALIFY FOR THE TAX CREDIT 
AUTHORIZED BY THIS SECTION BY: 

(1) PURCHASING A NEWLY CONSTRUCTED 
DWELLING; 

(2) OCCUPYING THE NEWLY CONSTRUCTED 
DWELLING AS THEIR PRINCIPAL RESIDENCE; 



92 



Ord. 464 



(3) FILING A STATE INCOME TAX RETURN 
DURING THE PERIOD OF THE TAX CREDIT AS A 
RESIDENT OF BALTIMORE CITY; AND 

(4) SATISFYING OTHER REQUIREMENTS AS 
MAY BE REQUIRED BY THE DIRECTOR OF FINANCE. 

(E) SUBJECT TO THE APPROVAL OF THE BOARD 
OF ESTIMATES, THE DIRECTOR OF FINANCE MAY 
ADOPT REGULATIONS TO CARRY OUT THE 
PROVISIONS OF THIS SECTION WHICH MAY INCLUDE 
PROCEDURES NECESSARY AND APPROPRIATE FOR THE 
SUBMISSION OF AN APPLICATION FOR AND THE 
GRANTING OF A PROPERTY TAX CREDIT UNDER THIS 
SECTION, ANT) PROCEDURES FOR GRANTING PARTIAL 
CREDITS FOR ELIGmiLITY FOR LESS THAN A FULL 
TAXABLE YEAR. 

(F) THE ESTIMATED AMOUNT OF ALL TAX 
CREDITS RECEIVED BY OWNERS UNDER THIS SECTION 
IN ANY FISCAL YEAR SHALL BE REPORTED BY THE 
DIRECTOR OF FINANCE OF BALTIMORE CITY AS A TAX 
EXPENDITURE" FOR THAT FISCAL YEAR AND SHALL BE 
INCLUDED IN THE PUBLICATION OF THE CITY'S 
BUDGET FOR ANY SUBSEQUENT FISCAL YEAR WITH 
THE ESTIMATED OR ACTUAL CITY PROPERTY TAX 
REVENUE FOR THE APPLICABLE FISCAL YEAR. 

(G) (1) AFTER JUNE 30, 2000, ADDITIONAL 
OWNERS OF NEWLY CONSTRUCTED DWELLINGS MAY 
NOT BE GRANTED A CREDIT UNDER THIS SECTION. 

(2) THIS PARAGRAPH DOES NOT APPLY TO AN 
OWNER'S CONTINUING RECEIPT OF A CREDIT AS 
ALLOWED IN SUBSECTION C, WITH RESPECT TO A 
PROPERTY FOR WHICH A TAX CREDIT UNDER THIS 
SECTION WAS RECEIVED FOR A TAXABLE YEAR 
ENDING ON OR BEFORE JUNE 30, 2000. 

(H) THE DIRECTOR OF FINANCE SHALL: 

(1) DEVELOP BY JANUARY 1, 1996 A METHOD, 
WHICH SHALL BE APPROVED BY THE BOARD OF 



93 



Ord. 465 



ESTIMATES, FOR ANALYSIS OF THE PUBLIC COSTS 
AND BENEFITS OF THE TAX CREDITS^ANE^^ 

(D THE METHOD WILL INCLUDE 
DEVELOPMENT OF BASELINE DATA TO INCLUDE NEW 
RESIDENTLU CONSTRUCTION, NEW HOUSING 
TENURE, AND NET MIGRATION TRENDS IN THE CITY. 

(ID MEASUREMENT OF THE PUBLIC COSTS 
AND BENEFITS OF THE TAX CREDIT WILL BE MADE 
AGAINST BASELINE DATA AND WILL INCLUDE CREDIT 
AND ADMINISTRATIVE COSTS AND ESTIMATES OF 
BENEFITS FROM PROPERTY, INCOME ANT) TRANSFER 
TAX REVENUES. 

(2) REPORT ANNUALLY TO THE BOARD OF 
ESTIMATES AND TO THE MAYOR AND CITY COUNCIL 
OF THE RESULTS AND FINDINGS OF THAT ANALYSIS^ 
INCLUDING THE STEPS TAKEN AND PROPOSED TO BE 
TAKEN TO PROMOTE AND OTHERWISE FURTHER THE 
USE OF THE TAX CREDIT PROGRAM . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 3, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 465 

(Council Bill No. 940) 

AN ORDINANCE concerning 

BUILDING CODE OF BALTIMORE CITY 

FOR the purpose of adopting with certain amendments, 
deletions, and additions, tlie BOCA National Building 
Code, 12th Edition, 1993; the BOCA National 



94 



I 



Ord. 465 



Mechanical G^de, 8th Edition, 1993; the National 
Electric Code (NFPA 70-1993), 1993 Edition; the 
CABO Model Energy Code, 1992 Edition; and the 
Baltimore City Building Code, 1994 Edition, as 
amended, all as Article 32 of the Baltimore City Code, 
to be known as the Building Code of Baltimore Qty; 
recodifying the 1990 Edition of the Baltimore Qty 
Building Code as the 1994 Edition of the Baltimore 
Qty Building Code; incorporating by reference into 
this Ordinance the Baltimore Qty Building Code, 
1994 Edition as amended, revised, recodified and 
published by certain City agencies; authorizing tiie 
Director of the Department of Legislative Reference to 
make corrections and renumber section headings, 
section, subsection and article references to conform 
to the nimibering system in the BOCA Code books, 
and to make certain other technical changes; 
providing for the effect, construction and effective 
date of this Ordinance; repealing the previous 
Baltimore Qty Building Code subject to certain 
conditions, and generally relating to the adoption and 
revision of the Building Code of Baltimore Qty. 

BY repealing 

Article 32 of the Baltimore Qty Code - The Building 
Code of Baltimore City as adopted by Ordinance 
No. 765, 1991. 

BY adopting 

Article 32 of the Baltimore Qty Code - The Building 
Code of Baltimore City consisting of: 

the BOCA National Building Code, 12th 
Edition, 1993; the BOCA National 
Mechanical Code, 8th Edition, 1993; the 
National Electric Code (NFPA 70-1993), 
1993 Edition; the CABO Model Energy Code, 
1992 Edition; and the Baltimore City 
Building Code, 1994 Edition. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Bmlding Code 
of Baltimore City adopted by Ordinance No. 765, 1991, 
be and the same is hereby repealed. 



95 



Ord. 465 



SEC. 2. AND BE IT FURTHER ORDAINED, That the 
BOCA National Building Code, 12th Edition, 1993; the 
BOCA National Mechanical Code, 8th Edition, 1993; the 
National Electric Code (NFPA 70-1993), 1993 Edition; the 
CABO Model Energy Code, 1992 Edition; and the 
Baltimore Qty Building Code, 1994 Edition, as amended, 
be and they are adopted as Article 32 of the Baltimore 
Qty Code the Building Code of Baltimore Qty. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Baltimore Qty Building Code, 1994 Edition, as amended, 
revised and recodified by the Building Code Committee 
and published by the Department of Legislative Reference 
as the Baltimore Qty Building Code, 1994 Edition, be and 
it is hereby incorporated by this reference into this 
Ordinance. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
following sections of the BOCA National Building Code, 
12th Edition, 1994, of the Building Code of Baltimore 
City hereby being adopted are hereby repealed: 104.4, 

104.5, 104.6, 104.7, 105.2, 105.3, 105.4, 105.5, 105.6, 
105.7, 105.8, 106.2.1, 113.2.1, 113.2.2, 118.3, 118.4, 
201.0 General Definitions-the following terms only- 
"Portable signs" only (under the definition of "Signs"), 

310.6, 313.1.1, 420.0 in its entirety, 1026.0 in its 
entirety, 1101.2, 1101.3, 1101.4, 2703.2.4, 2705.1, 
3102.14, 3102.14.1, 3401.3, 3402.4, 3406.0 in its 
entirety, 3408.0 in its entirety. 

SEC 5. AND BE IT FURTHER ORDAINED, That the 
following sections of the BOCA National Building Code, 
12th Edition, 1993, of the Building Code of Baltimore 
City hereby being adopted are hereby repealed and 
replaced: 101.1, 101.2, 101.3, 102.2, 102.3, 102.4, 104.1, 
104.2, 104.3, 105.1, 106.2, 107.1, 107.3, 107.4, 107.5, 
108.5, 108.6 109.1, 109.3, 110.2, 112.0 in its entirety, 
113.2, 113.3, 113.4, 116.0 in its entirety, 117.2, 118.1, 
118.2, 119.0 in its entirety, 120.1, 120.2, 120.4, 120.5, 
121.0 in its entirety, 201.0 General Definitions-the 
following terras only-"Accessory structure", "Code Official", 
"Dwellings", "Occupancy", "Person", Premises", 303.3, 
310.4, 310.5, 421.1, 501.1, 705.6, 904.1, 904.3, 919.5, 



96 



I 



Ord. 465 



1006.2, 1006.2.1, 1010.3, 1014.11.3, 1020.3, 1021.3, 

1023.2, 1025.0 in its entirety, 1101.1, 1206.2, 1206.2.1, 

1208.1, 1208.2, 1208.2.1, 1208.2.2, 1609.3, 1806.1, 

2607.3, 2608.7, 2701.1, 2701.2, 2701.2.1, 2701.2.3, 
2701.3, 2701.4, 2702.2, 2702.3, 2703.1, 2703.2, 

2703.2.1, 2703.3, 2703.4, 2707.2, 2801.1, 2901.1, 

2902.2, 3004.1, 3009.1, 3102.1, 3102.10.3, 3102.12.1, 
3202.2, 3202.3, 3203.1, 3203.4, 3203.6, 3203.7, 3203.8, 
3203.12.1, 3204.2, 3205.2, 3205.3, 3205.4, 3401.1, 
3401.2, 3402.8, 3404.2, 3405.1. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
following new sections of the BOCA National Building 
Code, 12th Edition, 1993 of the Building Code of 
Baltimore Qty hereby being adopted are hereby added: 
102.5, 102.6, 102.7, 102.8, 102.9, 108.10, 108.11, 110.2 
through 110.8, inclusive, 111.4.1, 111.5, 113.6 through 
113.6.7, mclusive, 114.1.1, 118.5, 118.6, 122.0 in its 
entirety, 123.0 in its entirety, 201.0 General Definitions- 
the following terms only-"Agent", "Authorized use", 
"Change of use group", "City", "City Code", 
"Condominium", "Condominium boundary", 
"Department", "Mortgage", "Occupancy permit", 
"Occupant", "Operator", "Razing", "RehabiHtation", 
"Stabilization", "Use", "Zoning Code", 304.1.1, 403.11, 
inclusive, 406.7, 406.8, 406.9, 408.7, 408.8, 422.0, 423.0, 
424.0, 425.0, 426.0, 427.0, 428.0, 429.0, 430.0, 431.0, 
432.0, 904.12 inclusive, 1006.6.1, 1010.1.1, 1014.1.2, 

1014.3.3, 1810.5.1, 1816.22, 1908.7.8, 1908.9.3, 

2701.2.4, 2701.2.5, 2703.2.5, 2704.4, 2708.4, 2709.0 in 
its entirety, 2710.0 in its entirety, 2711.0 in its entirety, 
2804.5, 2812.0 in its entirety, 2904.7, 2904.7.1, 

2904.7.2, 2904.7.3, 2904.7.4, 2909.0 in its entirety, 
2910.0 in its entirety, 2911.0 in its entirety, 3001.4, 
3009.2, 3102.1.1, 3102.1.2, 3108.6, 3109.4, 3202.1.1, 
3205.5, 3205.6, 3205.7, 3205.8, 3205.9, 3205.10, 
3205.11, 3205.12, 3205.13, 3301.4, 3310.6, 3310.7, 
3310.8, 3310.9, 3310.10, 3310.10.1, 3310.10.2, 
3310.10.3, 3310.10.3.1, 3310.10.4, 3310.10.5, 3310.10.6, 
3310.10.7, 3401.2.1, 3401.2.2, 3401.2.3, 3405.2. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
Director of the Department of Legislative Reference is 



97 



Ord. 465 



hereby authorized to publish the Baltimore Qty Building 
Code, 1994 Edition, with amendments and changes as 
provided for and authorized by this Ordinance; and the 
Director is further authorized to change the numeration, 
capitalization, spelling, and punctuation in the Baltimore 
Qty Building Code hereby being adopted, and to conform 
numbers of section headings, and article, section and 
subsection references in the Baltimore City Building Code 
to section headings, and article, section and subsection 
references contained in the BOCA National Building Code, 
12th Edition, 1993, the BOCA National Mechanical Code, 
8th Edition, 1993, the National Electric Code (NFPA 70- 
1993), 1993 Edition; and the CABO Model Energy Code, 
1992 Edition. 

SEC. 8. AND BE IT FURTHER ORDAINED, That 
Article 32 of the Baltimore Qty Code as adopted by this 
Ordinance consisting of the BOCA National Building 
Code, 12th Edition, 1993, the BOCA National Mechanical 
Code, 8th Edition, 1993, the National Electric Code 
(NFPA 70-1993), 1993 Edition; and the CABO Model 
Energy Code, 1992 Edition, and the Baltimore Qty 
Building Code, 1994 Edition, as edited and published by 
the Department of Legislative Reference, is legalized and 
shall be deemed and taken in all the courts of the State of 
Maryland and by all public officials of the State and of its 
several subdivisions to be evidence of Article 32 of the 
Baltimore Qty Code - the Building Code of Baltimore 
Qty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 

provisions of this Ordinance shall apply to building 
operations for which a permit application is filed on or 
subsequent to the effective date of this Ordinance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That, 
except as expressly provided to the contrary in this 
Ordinance, any transaction, case, proceeding, 
investigation or any other matter validly entered into 
before the effective date of this Ordinance, affected by or 
flowing from any ordinance amended or repealed herein, 
and any right, duty or interest flowing from any 
Ordinance amended or repealed herein, remains valid 



98 



Ord. 465 



after the effective date of this Ordinance and may be 
terminated, completed, enforced, or prosecuted as 
required or permitted by any ordinance amended or 
repealed by this Ordinance as though the amendment or 
repeal has not occurred. If any change in nomenclature 
involves a change in name or designation of any Qty 
agency or official, the successor agency or official shall be 
considered in all respects as having the powers and 
obligations granted the former one. 

SEC. 11. AND BE IT FURTHER ORDAINED, That 
when the Ad Hoc Building Code Committee reviews and 
prepares the triennial 1996 revision to the Baltimore City 
Building Code, the draft of the proposed Baltimore City 
Building Code, 1996 revision, or the proposed legislation 
adopting the 1996 revision shall be submitted to the 
Planning Department for review before it is placed on the 
second reading calendar of the City Council by the Chair 
of the Judiciary Committee, unless two-thirds of the 
members of the City Council have approved the second 
reading prior to receipt of the report of the Planning 
Department. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the 
following Sections in the Baltimore City Building Code, 
1994 edition, are hereby amended as follows: 

In Section 101.3, in line 5, strike "any" and 
substitute "any". 

In Section 102.2, in line 6, after "official" insert 
"/code official". 

In Section 119.2, in numbered paragraph 2, in 
lines 13, 14, and 15, strike "in order to present 
evidence of the feasibihty of rehabilitation. 
Regardless of whether any such credible evidence 
is present.". 

After Section 119.3.2(d) add: 

"(e) A vacant building which is not kept boarded 
and free from accumulations of debris and high 



99 



Ord. 466 



vegetation or which, in the opinion of the building 
official/code official, is dangerously unsound or 
deteriorated to such an extent that rehabilitation is 
not feasible, constitutes an emergency condition 
which imminently threatens the public health and 
safety and requires immediate resolution.". 

In Section 119.4, strike the second and third 
unnumbered paragraphs. 

In Section 123.3.7., in numbered para^aph 3, in 
lines 1, 2, and 3, strike "or in regard to unsafe 
structures as specified in Section 119.4, or as 
noted below,". 

SEC. 44 13. AND BE IT FURTHER ORDAINED, That 
this Ordinance shall take effect on Docembor 1> 199^ the 
30th day after the date of its enactment . 

Approved January 3, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 466 

(Council Bill No. 1023) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS 

FOR the purpose of amending the definition of the 
regular interest rate used for actuarial valuation 
purposes. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 1(9) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



100 



I 



Ord. 466 



Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement 

System 
Section 30(9) 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

1. Definitions. 

(9) "Regular Interest" for the Annuity Savings Fimd 
shall mean interest at five and one half percent (5 1/2%) 
per annum compounded annually. "Regular Interest" for 
the Annuity Reserve Fund and the Pension Reserve Fund 
shall mean interest at seven percent (7%) per annum 
compounded annually. For valuation purposes, "Regular 
Interest" shall mean [eight and one half percent (8 
1/2%)] EIGHT AND ONE-QUARTER PERCENT (8 1/4%) 
prior to commencement of benefit payments and [seven 
percent (7%)] SDC AND EIGHT-TENTHS PERCENT (6 
8/10%) after commencement of benefit payments. 
''Regular Interest" for the purpose of determining actuarial 
equivalents shall mean interest at four and one half 
percentum (4 1/2%) per annum compoimded annually. 

Fire and Police Employees' Retirement System 

30. Definitions. 

(9) "Regular Interest" for the Annuity Savings Fund 
shall mean interest at five and one half per centum (5- 
1/2%) per annimi compounded annually. "Regular 
Interest"' for the Annuity Reserve Fund and the Pension 
Reserve Fund shall mean interest at seven percent (7%) 



101 



Ord. 467 



per annum compounded annually. For valuation 
purposes, regular interest shall mean [eight and one half 
percent (8-1/2%)] EIGHT AND ONE-QUARTER PERCENT 
(8 1/4%) prior to commencement of benefit payments 
and [seven percent (7%)] SIX AND EIGHT-TENTHS 
PERCENT (6 8/10%) after commencement of benefit 
pajTuents. "Regular Interest" for the purposes of 
determining actuarial equivalents shall mean interest at 
five per centum (5%) per annum compounded annually. 

SEC. 2. AMD BE IT FURTHER ORDAINED, That the 

first use of the amendments enacted by this ordinance 
shall be for the year ending June 30, 1995. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 3, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 467 

(Council Bill No. 491) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 120 

For the purpose of consenting to and approving a 

Petition for the extension of the Metropolitan District 
of Baltimore County to a tract of land consisting of 
6.477 acres in the Second Election District of 
Baltimore County located in the vicinity of Winands 
Road, District 2C3 (Oppenheimer Property) and in 
accordance with the provisions of the Laws of 
Maryland of 1924, as amended by Chapter 515 of the 
Acts of 1955. 



102 



Ord. 468 



SECTION 1. BE rr ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Second Election District of 
Baltimore Comity located in the vicinity of VNTmands Road, 
District 2C3 (Opp>enheimer Property), more particularly 
shown on a plat filed in the Department of Public Works 
of Baltimore County numbered Extension 120, is in 
accordance with the authority granted by Chapter 515 of 
the Acts of 1955 hereby consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 468 

(Council Bill No. 697) 

AN ORDINANCE concerning 

AMENDING ORDINANCE NO. 524 
ZONING - CONDITIONAL USE 

FOR the purpose of amending Ordinance No. 524, 
approved October 21, 1985, which authorized a 
conditional use for an open off-street parking area by 
providing for certain conditions for the parking lot. 

BY repealing and reordaining with amendments 
Section 1 
Ordinance No. 524, approved October 21, 1985 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 1 of 
Ordinance 524, of the Mayor and Qty Council of 
Baltimore approved by the Mayor, June 30, 1989, is 



103 



Ord. 468 



hereby repealed and reordained with amendments to read 
as follows: 

"Section 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That 
permission is hereby granted for the establishment, 
maintenance and operation of an open off-street 
parking area on the properties known as 717-721 S. 
Bethel Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
Section 6.2-ld and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) tide "Zoning" SUBJECT TO THE 
FOLLOWING CONDITIONS AND RESTRICTIONS: 

(1) INSTALL AND MAINTAIN 2 FENCES ON 
EACH SIDE OF THE DRIVEWAY OPENING. 
EACH FENCE SHALL BE 5 FOOT HIGH AND 
"BOARD ON BOARD" STYLE. ONE FENCE SHALL 
BE 10 FOOT LONG ON ONE SIDE OF THE 
PARKING LOT AND THE OTHER FENCE SHALL 
BE 20 FOOT LONG ON THE OTHER SIDE OF 
THE PARKING LOT. 

(2) INSTALL AND MAINTAIN A GATE WITH A 
fcQ€K A BOLLARD ON EITHER SIDE OF THE 
ENTRANCE AND A CHAIN, WITH LOCK, OF 
SUFFICIENT LENGTH TO SPAN THE DISTANCE 
BETWEEN THE BOLLARDS IN ORDER TO 
PREVENT UNAUTHORIZED AUTOMOBILES 
FROM PARKING ON THE PARKING LOT. 

(3) REPAINT THE PARKING LOT STRIPES FOR 
HEAD-IN PARKING ALONG THE SIDE OF 723 S. 
BETHEL STREET AND INSTALL WHEEL STOPS 
FOR EACH PARKING SPACE IN CONFORMANCE 
WITH PLANNING DEPARTMENT AND 
DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT PLANS NO. 730 APPROVED 
AUGUST 21, 1985. 

(4) INSTALL AND MAINTAIN "NO PARKING" 
SIGNS ON THE FENCES TFL\T CLEARLY 



104 



Ord.468 



INDICATE THAT THERE SHALL BE NO PARKING 
IN THE AREA BETWEEN THE FENCE AND THE 
STREET. 

(5) INSTALL AND MAINTAIN 2 TREES ON 
EACH SIDE OF ENTRANCE TO THE PARKING 
LOT. 

(6) THE OWNER OR ANY LESSEES OR 
SUBSEQUENT OWNERS SHALL CONTINUOUSLY 
COMPLY WITH THE PROVISIONS OF THIS 
ORDINANCE AND THE ATTACHED PLANNING 
DEPARTMENT AND DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT 
MEMORANDUM AND PLANS DATED AUGUST 
19, 1985 WHICH BY THIS REFERENCE ARE 
INCORPORATED INTO THIS ORDINANCE.'-^ 

(7) INSTALL AND MAINTAIN A FIVE-FOOT 
HIGH BRICK WALL AT THE REAR OF 723 S. 
BETHEL STREET. 

(8) INSTALL AND MAINTAIN A FIVE-FOOT 
HIGH BRICK WALL AT THE REAR OF 715 S. 
BETHEL STREET. 

m INSTALL AND MAINTAIN A FIVE-FOOT 
HIGH BOARD-ON-BOARD FENCE AT THE REAR 
OF THE PROPERTY LINE OF 713 S. BETHEL 
STREET. 

CIO) INSTALL AND MAINTAIN WHEEL STOPS 
ON THE NORTH SIDE OF THE PARKING LOT IN 
SUFFICIENT NUMBER AND PATTERN TO 
PREVENT VEHICLES USING THE PARKING LOT 
FROM STRIKING THE MASONRY WALL 
ADJACENT TO 723 S. BETHEL STREET." 

SEC. 2. AND BE IT FURTHER ORDAE^ED, That the 
conditions and restrictions provided for in Section 1 of 
this ordinance shall be completed and complied with 
witliin 60 days of the effective date of this ordinance. If 
the owner or any lessee or subsequent owner fails to 



105 



Ord. 469 



comply with this ordinance, Ordinance 524, approved 
October 21, 1985, shall with no further action required by 
the Mayor and Gty Council of Baltimore be abrogated 
and of no further force and effect. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 469 

(Council Bill No. 782) 

AN ORDINANCE concerning 

REZONING - 261 S. HIGHLAND AVENUE 
FROM R-8 TO B-3 O-R-2 

FOR the purpose of changing the zoning for the property 
known as 261 N S. Highland Avenue from the R-8 
Zoning District to the B-3 O-R-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 58 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 58 of 
the Zoning District Maps of Article 30-Zoning of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) title "Zoning" be and it is hereby amended by 
changing from the R-8 Zoning District to the &-3 O-R-2 
Zoning District the property known as 261 S. Highland 
Avenue, as outlined in red on the plat accompanying this 
ordinance. 



106 



Ord. 470 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 470 

(Council Bill No. 972) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND 

CAPITAL APPROPIUATION - 

DEPARTMENT OF PUBLIC WORKS - $3,542,428 

FOR the purpose of providing a supplementary Motor 
Vehicle Fund Capital appropriation in the amoimt of 
$3,542,428 to the Department of Public Works 
(Account #9950-507-300) to provide a local match 
for the reconstruction of St. Paul and Calvert Street 
bridges. 

BY authority of 

107 



Ord. 470 



Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore Qty Giarter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents revenue from the Maryland Transportation 
Authority (refund) in excess of the amount from this 
source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Public Works (Account #9950-507-300) pursuant to the 
provisions of Article VI, Section 2(h)(3) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Motor Vehicle Fund 
Capital appropriation has been recommended to the Qty 
Council by the Board of Estimates at a regular meeting of 
the Board held on the 19th day of October, 1994, all in 
accordance with Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$3,542,428 shall be made available to the Department of 
Public Works (Account #9950-507-300) as a 
supplementary Motor Vehicle Fund Capital appropriation 
for the fiscal year ending June 30, 1995 to provide local 
match for the reconstruction of St. Paul and Calvert Street 
bridges which could not reasonably be anticipated at the 
time of formulation of the proposed Fiscal 1995 
Ordinance of Estimates. The amount thus made available 
as a supplementary Motor Vehicle Fund Capital 
appropriation shall be provided from revenue from the 
Maryland Transportation Authority (refund) in excess of 



108 



Ord. 471 



the amounts from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said proceeds from the 
Maryland Transportation Authority (refund) shall be the 
source of revenue for this supplementary Motor Vehicle 
Fund Capital appropriation as required by Article VI, 
Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 471 

(Council Bill No. 975) 

AN ORDINANCE concerning 

CORRECTIVE BILL - 

AMENDING ORDINANCE NO. 117, 1992 

HOUSING FOR THE ELDERLY 

FOR the purpose of amending Ordinance No. 117, 
approved July 2, 1992, which authorized a 
conditional use for housing for the elderly to 
Associated CathoHc Charities. 

BY repealing and reordaining with amendments 
Section 1 
Ordinance No. 117 of the Mayor and City Council of 

Baltimore, approved by the Mayor on July 2, 

1992. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COL^CIL OF BALTIMORE, That Section 1 of 
Ordinance No. 117, approved July 2, 1992, is hereby 



109 



Ord. 472 



repealed and reordained with amendments to read as 
follows: 

"SECTION 1. BE IT ORDAINED BY THE 
MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby 
granted to Associated Catholic Charities 
for tlie establishment, maintenance and 
operation of housing for the elderly, for 
no more that 34 units (subject to all 
applicable federal and state laws), on the 
properties known as 106- [116] 122 N. 
Paca Street and 117 [and 119] -125 
Diamond Alley, as outlined in red on the 
plats accompanying this ordinance, under 
the provisions of Sections 6.4-ld-5 and 
11.0-6d of Article 30 of the Baltimore 
City Code (1983 Replacement Volume, as 
amended) titled "Zoning". 

SEC 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 472 

(Council Bill No. 977) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 229, 231, 233 E. NORTH AVENUE 

FOR tlie purpose of granting permission for the 

establishment, maintenance and operation of housing 
for the elderly , with a maximum of 40 units, on the 
property known as 229, 231, 233 E. North Avenue, as 



110 



I 



Ord. 472 



outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 
Sections 5.1-ld-6 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderl y, widi a maximum of 
40 imits, on the property known as 229, 231, 233 E. 
North Avenue, as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
Sections 5.1-ld-6 and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Plamiing 
Commission, tlie Commissioner of the Department of 
Housing and Conomunity Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



111 



Ord. 473 

CITY OF BALTIMORE 

ORDINANCE NO. 473 

(Council Bill No. 1004) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 123 

For the purpose of consenting to and approving a Petition 
for the extension of the Metropolitan District of 
Baltimore County to a tract of land consisting of 
3.474 acres in the Fourtli Election District of 
Baltimore County located in the vicinity west of 
Church Road and north of Pleasant Mill Road, District 
4C3 (Rider Property) and in accordance with the 
provisions of Chapter 539 of tlie Acts of the General 
Assembly of Maryland of 1924, as amended by 
Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Fourth Election District of 
Baltimore County located in the vicinity west of Church 
Road and north of Pleasant Mill Road, District 4c3 (Rider 
Property), more particularly shown on a plat filed in the 
Department of Public Works of Baltimore County 
numbered Extension 123, is in accordance with the 
authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



112 



I 



I 



Ord. 474 



CITY OF BALTIMORE 

ORDINANCE NO. 474 

(Council Bill No. 1005) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 125 

For the purpose of consenting to and approving a Petition 
for the extension of the Metropolitan District of 
Baltimore County to a tract of land consisting of 
25.87 acres in the Fourth Election District of 
Baltimore County located in the vicinity of 
Gwynnbrook Avenue and Garrison Forest Road, 
District 4C3 (Rudo Property) and in accordance with 
the provisions of Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, as amended 
by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR ANT) 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Fourth Election District of 
Baltimore County located in the vicinity of Gwynnbrook 
Avenue and Garrison Forest Road, District 4C3 (Rudo 
Property), more particularly shown on a plat filed in the 
Department of Public Works of Baltimore County 
numbered Extension 125, is in accordance with the 
authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



113 



Ord. 475 

CITY OF BALTIMORE 

ORDINANCE NO. 475 

(Council BiU No. 1006) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 127 

For the purpose of consenting to and approving a Petition 
for the extension of the Metropolitan District of 
Baltimore County to a tract of land consisting of 20.6 
acres in the Second Election District of Baltimore 
County located in the vicinity of Wildwood Park 
along Winands Road opposite Day Lilly Court, East of 
Hanwell Road, District 2C2 and in accordance with 
the provisions of Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, as amended 
by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Second Election District of 
Baltimore County located in the vicinity of Wildwood Park 
along Winands Road opposite Day Lilly Court, East of 
Hanwell Road, District 2C2, more particularly shown on a 
plat filed in the Department of Public Works of Baltimore 
County numbered Extension 127, is in accordance with 
the authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



114 



1 



Ord. 476 



CITY OF BALTIMORE 

ORDINANCE NO. 476 

(Council Bill No. 1011) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL GRANT 

OPERATING APPROPRL\TION - 

MAYOR'S COORDINATING COUNCIL 

ON CRIMINAL JUSTICE (PROGRAM 224) - $1,993,000 

FOR the purpose of providing a supplementary Federal 
Grant Operating appropriation in the amount of 
$1,993,000 to the Mayof s Coordinating Council on 
Criminal Justice for additional funding for 
Commimity Policing, Criminal Justice and Community 
Mobilization - (Program 224). 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding from the Federal Bureau of Justice 
Assistance in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year, and said money is therefore 
available for appropriation to the Mayor's Coordinating 
Council on Criminal Justice pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of said Charter; and 



115 



Ord. 477 



WHEREAS, This supplementary Federal Grant 
Operating appropriation has been recommended to the 
Cit>- Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance witli Article VI, Section 2(h) (2) of 
tlie Baltimore Qty Giarter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sura of 
$1,993,000 shall be made available to tlie Mayor's 
Coordinating Council on Criminal Justice (Program 224) 
as a supplementary Federal Grant Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional funding for Community Policing, Criminal 
Justice and Community Mobilization which could not 
reasonably be anticipated at the time of formulation of 
the proposed Fiscal 1995 Ordinance of Estimates. The 
amount thus made available as a supplementary Federal 
Grant Operating appropriation shall be provided from the 
Federal Bureau of Justice Assistance in excess of the 
amount from tliis source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1995 fiscal 
year; and said funds from the Federal Bureau of Justice 
Assistance shall be the source of revenue for this 
supplementary Federal Grant Operating appropriation as 
required by Article VI, Section 2(h) (2) of the Baltimore 
City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 477 
(Council Bill No. 1012) 



116 



Ord. 477 



AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRL\TION - 

CIRCUIT COURT (PROGRAM 110) - $97,200 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$97,200 to the Qrcuit Court (Program 110) for 
additional operating expenses for the Medical 
Services Division. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding reimbursements from the State of 
Maryland Department of Juvenile Services in excess of the 
amount from this source estimated and reHed upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Qrcuit Court pursuant to the provisions of Article VI, 
Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be exp)ected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(3) of said 
Charter; and 

WHEREAS, This supplementary General Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore Qty Charter (1964 Revision, as amended). 



117 



Ord. 478 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$97,200 shall be made available to the Qrcuit Court as a 
supplementary General Fund Operating appropriation for 
tlie fiscal year ending June 30, 1995 for additional 
operating expenses for the Medical Services Division 
which could not reasonably be anticipated at tlie time of 
formulation of the Fiscal 1995 Ordinance of Estimates. 
The amount thus made available as a supplementary 
General Fund Operating appropriation shall be provided 
from reimbursements from the State of Maryland 
Department of Juvenile Services in excess of the amotmt 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year; 
and said funds from said Proceeds from reimbursements 
from the State of Maryland Department of Juvenile 
Services shall be tlie source of revenue for tliis 
supplementary General Fund Operating appropriation as 
required by Article VI, Section 2(h) (3) of the Baltimore 
Gty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 478 

(Council Bill No. 1013) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT 



118 



Ord. 478 



(PROGRAM 307 - MENTAL HEALTH SERVICES) - 
$57,500 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$57,500 to the Health Department (Program 307 - 
Mental Health Services) for additional operating 
expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding from State Health Formula Aid in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 307 - 
Mental Health Services) pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, This supplementary General Fimd 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h)(2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sum of 



119 



Ord. 479 



$57,500 shall be made available to the Health 
Department as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary General Fund Operating 
appropriation shall be provided from State Health 
Formula Aid in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said Proceeds from State Health Formula Aid shall be the 
source of revenue for this supplementary General Fund 
Operating appropriation as required by Article VI, Section 
2Ch)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 479 

(Council Bill No. 1014) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT 

(PROGRAM 310 - SCHOOL HEALTH SERVICES) - 

$76,000 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$76,000 to the Health Department (Program 310 - 



120 



Ord. 479 



School Health Services) for additional operating 
expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Qiarter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents fmiding from State Health Formula Aid in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 310 - 
School Health Services) pursuant to the provisions of 
Article VI, Section 2(h) (2) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, This supplementary General Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h) (2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$76,0(X) shall be made available to the Health 
Department as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 



121 



Ord. 480 



available as a supplementary General Fund Operating 
appropriation shall be provided from State Health 
Formula Aid in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said Proceeds from State Health Formula Aid shall be the 
source of revenue for this supplementary General Fund 
Operating appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 480 

(Council Bill No. 1015) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPIUATION - 

HEALTH DEPARTMENT 

(PROGRAM 304 - CLINICAL SERVICES) - $143,400 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$143,400 to tlie Healtli Department (Program 304 - 
Clinical Services) for additional operating expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 



122 



I 



Ord. 480 



WHEREAS, The money appropriated herein 
represents funding from State Health Formula Aid in 
excess of the amount from this source estimated and 
rehed upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 304 - 
Qinical Services) pursuant to the provisions of Article VI, 
Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources v^hich could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary General Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h)(2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$143,400 shall be made available to the Health 
Department as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary General Fund Operating 
appropriation shall be provided from State Health 
Formula Aid in excess of the amount from this source 
which was estimated or reUed upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said Proceeds from State Health Formula Aid shall be the 
source of revenue for this supplementary General Fund 



123 



Ord. 481 



Operaring appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 481 

(Council Bill No. 1016) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRL\TION - HEALTH DEPARTMENT 

(PROGRAM 240 - ANIMAL CONTROL) - $155,100 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$155,100 to the Health Department (Program 240 - 
Animal Control) for additional operating expenses. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding from State Health Formula Aid in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 240 - 
Animal Control) pursuant to the provisions of Article VI, 
Section 2(h)(2) of tlie Baltimore City Chaiter (1964 
Revision, as amended); and 



124 



1 



Ord. 481 



WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2Ch)(2) of said 
Charter; and 

WHEREAS, This supplementary General Fund 
Operating appropriation has been reconamended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h)(2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$155,100 shall be made available to the Health 
Department as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary General Fund Operating 
appropriation shall be provided from State Health 
Formula Aid in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said Proceeds from State Health Formula Aid shall be the 
source of revenue for this supplementary General Fund 
Operating appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



125 



Ord. 4B2 

CITY OF BALTIMORE 

ORDINANCE NO. 482 

(Council Bill No. 1017) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRIATION - HEALTH DEPARTMENT 

(PROGRAM 308 - CHILD, ADOLESCENT, 

AND FAMILY HEALTH) - $156,000 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$156,000 to the Health Department (Program 308 - 
Child, Adolescent, and Family Health) for additional 
operating expenses. 

BY authority of 

Article VI - Board of F>stimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding from State Health Formula Aid in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 308 - 
Child, Adolescent, and Family Health) pursuant to the 
provisions of Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 



126 



Ord. 483 



WHEREAS, This supplementary General Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h) (2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sima of 
$156,000 shall be made available to the Health 
Department as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1995 for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary General Fund Operating 
appropriation shall be provided from State Health 
Formula Aid in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds firom 
said Proceeds from State Health Formula Aid shall be the 
source of revenue for this supplementary General Fund 
Operating appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 483 

(Council Bill No. 1018) 
AN ORDINANCE concerning 

127 



Ord. 483 



SUPPLEMENTARY FEDERAL FUND (CDBG) 

CAPITAL APPROPRL\TION - DEPARTMENT OF HOUSING 

AND COMMUNITY DEVELOPMENT - $59,900 

FOR the purpose of providing a supplementary Federal 
Fund (CDBG) Capital appropriation in the amount of 
$59,900 to the Department of Housing and 
Community Development to complete, add to, or 
eliminate projects in the program of capital 
improvements included in the Federal Community 
Development Block Grant (CDBG XIX) for Baltimore 
City. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents revenue produced by Community Development 
Block Grant program income in excess of the revenue 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year and is therefore available for 
appropriation to the Department of Housing and 
Community Development pursuant to the provisions of 
Article VI, Section 2(h)(1) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The sum herein appropriated is to be 
spent to complete, add to, or eliminate projects which 
could not reasonably be anticipated at the time of 
formulation of the Ordinance of Estimates for the 1995 
fiscal year, in accordance with Article VI, Section 2(h)(1) 
of said Charter; and 

WHEREAS, The supplementary Federal Fund (CDBG) 
Capital appropriation ordained herein has been 
recommended to the Qty Council by the Board of 
Estimates at a regular meeting of the Board held on the 
23rd day of November, 1994, all in accordance with 
Article VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision, as amended). 



128 



Ord. 483 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(1) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$59,900 shall be made available to the Department of 
Housing and Commimity Development of the Qty of 
Baltimore as a supplementary Federal Fund (CDBG) 
Capital appropriation for the fiscal year ending June 30, 
1995 for the purpose of completing, adding to, or 
eliminating projects in the program of capital 
improvements, provided diat said sum shall be added to 
support the modified program of projects in the following 
amended amounts: 

CDBG (Year XIX) 





ORIGINAL 


INCREASE 


AMENDED 


PROJECT 


AMOUNT 


(DECREASE) 


AMOUNT 


Madison Park - 


$ 


600,000 


$ 460.000 


$ 1.060.000 


North 










Orcliard Biddle 




250,000 


(250,000) 





Penn North 




171.500 


260,000 


431,500 


Sandtown 










Winchester 




1,027,300 


(260.000) 


767,300 


Jonestown 




225,000 


(100,000) 


125,000 


Middle East 




984,500 


(67,800) 


916,700 


Southeast 










Outer aty 




210,000 


67,800 


277,800 


Broadway East 




250,000 


272,400 


522,400 


Coldstream/ 










Hontestead/ 







48,400 


48,400 


Monlebello 










Johnston Square 







89,100 


89,100 


Economic 










Development 


$ 


950,000 


(460,000) 


490,000 


Total 


4.668.300 


$ 59,900 


$ 4.728,200 



The amount hereby made available as a 
supplementary Federal Fund (CDBG) Capital 
appropriation shall be expended from revenue produced 
by Community Development Block Grant program income 
in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said 
Community Development Block Grant (CDBG) program 
income shall be the source of revenue for this 
supplementary Federal Fund (CDBG) Capital 



129 



Ord. 4B4 



appropriation, as required by Article VI, Section 2(h)(1) 
of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 484 

(Council BUI No. 1019) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

(CDBG) CAPITAL APPROPRL^TION - 

DEPARTMENT OF HOUSING AND 

COMMUNITY DEVELOPMENT - $2,000 

FOR the purpose of providing a supplementary Federal 
Fund (CDBG) Capital appropriation in the amount of 
$2,000 to the Department of Housing and 
Community Development to complete, add to, or 
eliminate projects in the program of capital 
improvements included in the Federal Community 
Development Block Grant (CDBG XVIII) for Baltimore 
City. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from Federal Community 
Development Block Grant in excess of the amount from 
this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 



130 



Ord. 484 



the budget for the 1995 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the 
provisions of Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, The supplementary Federal Fund (CDBG) 
Capital appropriation ordained herein has been 
recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 
23rd day of November, 1994, all in accordance vydth 
Article VI, Section 2(h) (2) of the Baltimore Qty Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,000 shall be made available to the Department of 
Housing and Community Development of the Qty of 
Baltimore as a supplementary Federal Fund (CDBG) 
Capital appropriation for the fiscal year ending June 30, 
1995 for the purpose of completing, adding to, or 
eliminating projects in the program of capital 
improvements, provided that said sum shall be added to 
support the modified program of projects in the following 
amended amounts: 







CDBG CYeai 


XVIII) 








ORIGINAL 


INCREASE 


AMENTDED 


PROJECT 




AMOUNT 


(DECREASE) 


AMOUNT 


Sandtown Winchester 


$ 


244.100 


$ (20.000) 


$ 224.100 


Tri Churches 


$' 


75.000 


22.000 


97.000 


Total 


319.100 


$ 2,000 


$ 321.100 



131 



Ord. 485 



The amount thus made available as a supplementary 
Federal Fund (CDBG) Capital appropriation shall be 
expended from Federal Community Development Block 
Grant in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said Federal 
Community Development Block Grant shall be the source 
of revenue for this supplementary Federal Fund (CDBG) 
Capital appropriation, as required by Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 485 

(Council Bill No. 1020) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND (CDBG) 

CAPITAL APPROPIUATION - DEPARTMENT OF HOUSING 

AND COMMUNITY DEVELOPMENT - $1,000,000 

FOR the purpose of providing a supplementary Federal 
Fund (CDBG) Capital appropriation in the amount of 
$1,000,000 to the Department of Housing and 
Community' Development to complete, add to, or 
eUminate projects in the program of capital 
improvements included in the Federal Community 
Development Block Grant (CDBG XX) for Baltimore 
Ciiy. 

BY authority of 

Article VI - Board of Estimates 



132 



Ord. 485 



Section 2(h)(1) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents revenue produced by Community Development 
Block Grant program income in excess of the revenue 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year and is therefore available for 
appropriation to the Department of Housing and 
Community Development pursuant to the provisions of 
Article VI, Section 2(h)(1) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The sum herein appropriated is to be 
sp)ent to complete, add to, or eliminate projects which 
could not reasonably be anticipated at the time of 
formulation of the Ordinance of Estimates for the 1995 
fiscal year, in accordance with Article VI, Section 2(h)(1) 
of said Charter; and 

WHEREAS, The supplementary Federal Fund (ODBC) 
Capital appropriation ordained herein has been 
recommended to the Qty Council by the Board of 
Estimates at a regular meeting of the Board held on the 
23rd day of November, 1994, all in accordance with 
Article VI, Section 2(h)(1) of the Baltimore Qty Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(1) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,000,000 shall be made available to the Department of 
Housing and Community Development of the Qty of 
Baltimore as a supplementary Federal Fund (CDBG) 
Capital appropriation for the fiscal year ending Jime 30, 
1995 for the purpose of completing, adding to, or 
eliminating projects in the program of capital 
improvements, provided that said sum shall be added to 
support the modified program of projects in the following 
amended amounts: 



133 



Ord. 486 






CDBG CYcar X?0 






ORIGINAL 


INCREASE 


AMENDED 


PROJECT 


AMOUNT 


(DECREASE) 


AMOUNT 


Cherry Hill 


$ 





$ 200,000 


$ 200,000 


Jonestown 







100,000 


100,000 


Housing Assistance 





100,000 


100,000 


Corporalion 










Ccntro Dela 










Comunidad, Inc. 





50,000 


50,000 


The League 







250.000 


250,000 


Public Housing 





300.000 


300,000 


Rehabilitaiion 











Total $ S 1,000,000 $ 1,000,000 

The amount hereby made available as a 
supplementary Federal Fund (CDBG) Capital 
appropriation shall be expended from revenue produced 
by Community Development Block Grant program income 
in excess of the amount from this source wliich was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said 
Community Development Block Grant program income 
shall be the source of revenue for this supplementary 
Federal Fund (CDBG) Capital appropriation, as required 
by Article VI, Section 2(h)(1) of the Baltimore Qty 
Charter (1964 Revision, as amended). 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 486 
(Council Bill No. 1021) 
AN ORDINANCE concerning 

134 



I 



I 



Ord. 486 



SUPPLEMENTARY FEDERAL FUND (CDBG) 

CAPITAL APPROPRL\TION - DEPARTMENT OF HOUSING 

AND COMMUNITY DEVELOPMENT - $1,859,100 

FOR the purpose of providing a supplementary Federal 
Fund (CDBG) Capital appropriation in the amount of 
$1,859,100 to the Department of Housing and 
Community Development to complete, add to, or 
eliminate projects in the program of capital 
improvements included in the Federal Community 
Development Block Grant (CDBG XX) for Baltimore 
City. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from Federal Conmiunity 
Development Block Grant in excess of the amount from 
this source estimated and relied upon by the Board of 
Estimates in determining the tax lev>' required to balance 
the budget for the 1995 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the 
provisions of Ardcle VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at tlie time of tlie formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, The supplementary Federal Fund (CDBG) 
Capital appropriation ordained herein has been 
recommended to the City Council by the Board of 
Estimates at a regular meeting of the Boai-d held on the 
23rd day of November, 1994, all in accordance wiih 
Article VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision, as amended). 



135 



Ord. 486 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2Ch)(2) of the 1964 
revision of the Charter of Baltimore City, tlie sum of 
$1,859,100 shall be made available to the Department of 
Housing and Community Development of tlie Qty of 
Baltimore as a supplementary Federal Fund (CDBG) 
Capital appropriation for the fiscal year ending June 30, 
1995 for the purpose of completing, adding to, or 
eliminating projects in the program of capital 
improvements, provided that said sum shall be added to 
support the modified program of projects in the follov^ing 
amended amounts: 

CDBG (Year XX) 





ORIGINAL 


INCREASE 


AMENDED 


PROJECT 


AMOUNT 


(DECREASE) 


AMOUNT 


Rosemont 


S 


S 90.000 


$ 90,000 


Sandtown 








Winchester 


2,453,100 


479,500 


2,932.600 


Upton 


300,000 


248.000 


548,000 


Fraiiklin Square 





18.900 


18.900 


Broadway East 


833,300 


77.600 


910,900 


Coldstream/ 








Homestead/ 


035,000 


35,000 




Montebcllo 








Johnston Square 





371.900 


371,900 


Oliver 





29,000 


29,000 


Neighborhood 








Housing Services 


75,900 


1.500 


90.900 


Jubilee Baltimore, 


Inc. 


26.000 


26,000 


Southwest Outer City 


294,200 


294.200 


Contingency 





174,000 


174,000 


Total $ 3,662,300 


$1,859,100 


$5,521,400 



The amount thus made available as a supplementary 
Federal Fund (CDBG) Capital appropriation shall be 
expended from Federal Community Development Block 
Grant in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said Federal 
Community Development Block Grant shall be the source 
of revenue for tliis supplementary Federal Fund (CDBG) 



! 



136 



Ord. 487 



Capital appropriation, as required by Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTITvlORE 

ORDINANCE NO. 487 

(Council Bill No. 1022) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

DEPARTMENT OF HOUSLNG AND 

COMMUNITY DEVELOPMENT - $3,052,362 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$3,052,362 to the Department of Housing and 
Community Development (Program 605 - Head Start) 
to provide additional appropriation authority to 
support the continuation of Head Start Services. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents funding from a U.S. Department of Health and 
Human Services grant in excess of the amoimt from tills 
source estimated and relied upon by the Board of 
Estimates lq determining tlie tax levy required to balance 
the budget for the 1995 fiscal year, and said money is 
therefore available for appropriation to the Department of 



137 



Ord. 487 



Housing and Community Development pursuant to the 
provisions of Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to tlie 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 23rd day of November, 
1994, all in accordance with Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$3,052,362 shall be made available to the Department of 
Housing and Community Development (Program 605 - 
Head Start) as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation authority to support the 
continuation of Head Start Services which could not 
reasonably be anticipated at the time of formulation of 
the Fiscal 1995 Ordinance of Estimates. The amount thus 
made available as a supplementary Federal Fund 
Operating appropriation shall be provided from a U. S. 
Department of Health and Human Services Grant in 
excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said grant 
shall be tlie source of revenue for this supplementary 
Federal Fund Operating appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision, as amended). 



138 



! 



Ord. 488 



SEC. 2. AND BE IT FURTHER ORDAINED, That tliis 
ordinance shall take effect on tlie date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 488 

(Council Bill No. 1038) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
NEW LAFAYETTE COURTS 

FOR the purpose of approving the application of the 
Housing Authority of Baltimore City (HABC), owner 
of certain property known as Lafayette Courts, 
consisting of three parcels of land located wdtliin the 
ar e a e ast of Cohin Str e et, w e st of Caroline Stroot, 
north of Fayette Str e et, and south of Orl e ans Street 
as described on Sheet 1, "Existing Conditions Plan", 
consisting of 21.5 acres more or less, to have said 
Property designated as a Residential Planned Unit 
Development in accordance with Sections 12.0-1 and 
12.0-2 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) and to approve 
the development plan submitted by the Housing 
Authority of Baltimore Qty. 

BY authority of 

Article 30 - Zoning 
Sections 12.0-1 through 12.0-6 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

WHEREAS, The Housing Authority of Baltimore Qty 
is the owner of Lafayette Courts, which consists of three 
parcels of land locat e d within th e area east of CoMn 
Str e et, w e st of Carolino Stroot, north of Fayett e Street, 



139 



Ord. 488 



and couth of Qileanc Strc -e t as described on Sheet 1, 
"Existing Conditions Plan" , consisting of 21.5 acres more 
or less; and 

WHEREAS, On November 28, 1994, representatives 
of the Housing Authority of Baltimore City met with the 
Department of Planning of Baltimore City to hold a pre- 
petition conference to explain the scope and nature of 
existing and proposed development of the property in 
order to institute proceedings to have said Property 
designated a Residential Planned Unit Development; and 

V\T4EREAS, The Housing Authority of Baltimore City 
hereby makes formal application to the City Council of 
Baltimore and together herewith has submitted the 
requisite Development Plan, consisting of Sheet 1, 
"Existing Conditions Plan", Sheet 2, "Master Plan", afi4 
Sheet 3, "Landscape Plan", Sheet 4. "Landscape Detail", 
and Sheet 5. "Building Elevations", all dated DGc e mb e r 1, 
199^ January 10. 1995 , intended to satisfy the 
requirements specified in Sections 12.0-1 and 12.0-2 of 
Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended); and 

WTHEREAS, The Housing Authority, in requesting the 
introduction of this bill, signifies its intention to 
implement, execute, substantially complete in three 
phases as dehneated in the plan, and maintain the 
development of the property in accordance with tlie 
Development Plan and the provisions hereof; NOW, 
THEREFORE, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
the Housing Authority of Baltimore City, owner of the 
property locat e d cast of CoMn Str ee t, west of Carolin e 
Str ee t, north of Fay e Ue Str e et, and south of QrlGans 
Str ee t as described on Sheet 1, "Existing Conditions Plan" , 
consisting of 21.5 acres more or less, as outlined in the 
accompanying Development Plan, to designate Lafayette 
Courts as a Residential Planned Unit Development in 
accordance with Article 30, Sections 12.0-1 and 12.0-2 of 



140 



I 



Ord. 488 



the Baltimore Code (1983 Replacement Volume, as 
amended), be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Residential Planned Unit Development Plan submitted by 
the Housing Authority of Baltimore City, which 
Development Plan consists of Sheet 1, "Existing 
Conditions Plan", Sheet 2, "Master Plan", and Sheet 3, 
"Landscape Plan", all dated December 1, 1994 January 10, 
1995 , as attached hereto and made a part hereof, be and 
it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Development Plan approved hereby is subject to the 
following use and bulk regulations and limitations: 

The following uses are permitted within the Property: 

a. Residential dwelling units, not to exceed 460 
units, including a maximum of 264 low-rise units 
for families and a maximum of 196 mid-rise units 
for the elderly. 

b. A Community Building, not to exceed 23,500 sq. 
ft. which may contain the resident management 
office, multi-purpose room. Family Support 
Center, resident council room, community and 
support services suite, a food cooperative, HABC 
police sub-station, resident- operated businesses 
as may be permitted in the B-1 Neighborhood 
Business District and limited to 2,000 sq. ft. for 
each business , and a walk in r e staurant/carr>'- - 

c. A Recreation Center, not to exceed 29,500 sq. ft. 
including space for center staff offices, 
gymnasium, exercise/dance room, multi-purpose 
room, club meeting room, storage rooms, and 
kitchen, to service primarily the residents of New 
Lafayette Courts and the surrounding community. 

d. A Maintenance facility within the Recreation 
Center, not to exceed 5,000 sq. ft. to service only 



141 



Ord. 488 



the residents of New Lafayette Courts and a walk- 
in/carry out restaurant . 

e. A Day Care Center, not to exceed 15,500 sq. ft. 
serving a maximum of 120 children, including 
pre-school (2 to 6 years), Head Start (2 to 4 
years) and school-aged (6 to 16 years) to service 
primarily the residents of New Lafayette Courts 
and tlie surrounding community. 

f. A Health Care Facility, not to exceed 32,000 
35.000 sq. ft., to service the residents of New 
Lafayette Courts and the surrounding community. 

g. On-site public parking - a minimum of 241 
parking spaces. Parking spaces will be allocated 
as each phase of Development is approved. 

SEC 4. AND BE IT FURTHER ORDAINED, That all 
exterior signage will require design approval by the 
Planning Commission. 

SEC. 5. AND BE IT FURTHER ORDAINED, That 
subsequent to the passage of this ordinance by the Qty 
Council, phases of development design approval shall be 
submitted to and approved by th e Planning D e partment 
the Planning Commission for its review and approval . In 
addition, the Planning Department shall determine if any 
proposed modifications or amendments to the 
Development Plan are "major" or "minor". 

SEC. 6. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the Development Plan which is a 
part hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of City Council shall sign the Development Plan, 
and when the Mayor approves this Ordinance he shall 
sign the Development Plan. The Director of Finance shall 
then transmit a copy of this ordinance and the 
Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, tlie Department of 
Housing and Community Development, the Supervisor of 



142 



Ord. 489 



Assessments for Baltimore Qty, and the Zoning 
Administrator of Baltimore Qty. 

SEC. 7. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect upon the date of its enactment. 

Approved February 10, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 489 

(Council Bill No. 654) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

NURSING HOME - 1100/1126, 1128 

AND 1200 KEY HIGHWAY 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of a 
nursing home for no more than 180 occupants on the 
property known as 1100/1126, 1128 and 1200 Key 
Highway, as outlined in red on the plats 
accompanying this ordinance, subject to final 
licensure by the State Department of Health and 
Mental Hygiene : subject to the condition that the 
Planning Commission shall have final approval of 
design and landscape plans; and providing that the 
height of any building on the site shall be restricted 
to no more than 100 feet above mean low tide . 

BY authority of 

Article 30 - Zoning 

Sections 6.2-ld-13 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as 

amended) 
and 

Article 12 - Hospitals 
Section 1 



143 



I 



Ord. 489 



Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a nursing home for no more than 180 
occupants on the property known as 1100/1126, 1128 
and 1200 Key Highway, as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
Sections 6.2-ld-13 and 11.0-6d of Article 30 of the 
Baltimore Gty Code (1983 Replacement Volume, as 
amended) title ''Zoning", and Section 1 of Article 12, title 
"Hospitals" of the Baltimore City Code (1983 Replacement 
Volume, as amended), subject to fmal licensure by the 
State Department of Health and Mental Hygiene : subject 
to the condition that the Planning Commission shall have 
fmal approval of design and landscape plans: and 
providing that the height of anv building on the site shall 
be restricted to no more than 100 feet above mean low 
tide. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by tlie Qty Council, as evidence 
of the autlientidty of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of tlie plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



144 



I 



Ord. 490 



CITY OF BALTIMORE 

ORDINANCE NO. 490 

(Council Bill No. 948) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - BROOK AVENUE 

FOR the purpose of repealing Ordinance No. 811, 
approved October 27, 1986, which provided for 
reserved handicapped parking on the south side of 
Brook Avenue west of Raspe Avenue for Thomas 
Jackson, Jr. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 811, 
approved October 27, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Brook Avenue west of Raspe Avenue for 
Thomas Jackson, Jr. therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 491 
(Council Bill No. 949) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - DARIEN ROAD 



145 



Ord. 492 



FOR the purpose of repealing Ordinance No. 658, 
approved February 20, 1991, which provided for 
reserved handicapped parking on tlie west side of 
Darien Road north of Darien Court for R. Kirtscher. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 658, 
approved February 20, 1991, is hereby repealed and the 
authorization for reserved handicapped parking on the 
west side of Darien Road north of Darien Court for R. 
Kirtscher therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 492 

(Council Bill No. 965) 

AN ORDINANCE concerning 

REZONING - 2401 BANGER STREET 

FOR the purpose of changing the zoning for the rear 

portion of the property known as 2401 Banger Street 
from the M-1-1 Zoning District to the R-4 Zoning 
District. 

BY amending Zoning District Maps 
Sheet No. 74 
Article 30 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 74 of tlie 
Zoning District Maps of Article 30 of the Baltimore City 



146 



Ord. 493 



Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the M-1-1 Zoning District to the R-4 Zoning District the 
rear portion of the property known as 2401 Banger 
Street, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board 
of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTLMORE 

ORDINANCE NO. 493 

(Council Bill No. 989) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - VINE STREET 

FOR the purpose of repealing Ordinance No. 216, 
approved January 2, 1981, which provided for 
reserved parking on the north side of Vine Street 



147 



Ord. 494 



from Arch Street to Pine Street for Physicians 
Anending Walter P. Carter Center. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 216, 
approved January 2, 1981, is hereby repealed and tlie 
authorization for reserved parking on the north side of 
Vine Street from Arch Street to Pine Street for Physicians 
Attending Walter P. Carter Center therein provided, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 494 

(Council Bill No. 990 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - RUSKIN AVENUE 

FOR the purpose of repealing Ordinance No. 1072, 
approved November 18, 1983, which provided for 
reserved handicapped parking on the north side of 
Ruskin Avenue west of Auchentoroly Terrace for 
Joseph Miller. 

SECTION 1. BE IT ORDAINED BY THE MAYOR ANT) 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
1072, approved November 18, 1983, be and it is hereby 
repealed and the authorization for reserved handicapped 
parking on the north side of Ruskin Avenue west of 
Auchentoroly Terrace for Joseph Miller therein provided, 
is hereby rescinded. 



148 



Ord. 495 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 495 

(Council Bill No. 991) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - 
NORTHERN PARKWAY 

FOR the purpose of repealing Ordinance No. 914, 

approved April 10, 1987, which provided for reserved 
handicapped parking on the north side of Northern 
Parkway west of Spruce Street for Ida Sarlo. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 914, 
approved April 10, 1987, be and it is hereby repealed and 
the authorization for reserved handicapped parking on 
the north side of Northern Parkway west of Spruce Street 
for Ida Sarlo therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 496 
(Council Bill No. 992) 



149 



Ord. 497 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - ASHBURTON STREET 

FOR the purpose of repealing Ordinance No. 1079, 
approved October 23, 1987, which provided for 
reserved handicapped parking on the east side of 
Ashburton Street south of Harlem Avenue for Alvin 
Caner, Sr. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
1079, approved October 23, 1987, is hereby repealed and 
the authorization for reserved handicapped parking on 
the east side of Ashburton Street south of Harlem Avenue 
for Alvin Carter, Sr. therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 497 

(CouncU Bill No. 993) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - BETHNAL ROAD 

FOR the purpose of repealing Ordinance No. 1080, 
approved October 23, 1987, which provided for 
reserved handicapped parking on the west side of 
Bethnal Road north of Airy Hill Avenue for John J. 
Sands. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
1080, approved October 23, 1987, be and it is hereby 



150 



Ord. 498 



repealed and the authorization for reserved handicapped 
parking on the west side of Betlinal Road north of Airy 
Hill Avenue for John J. Sands therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 498 

(Council Bill No. 994) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - HAMILTON AVENUE 

FOR the purpose of repealing Ordinance No. 607, 

approved June 29, 1990, which provided for reserved 
handicapped parking on the south side of Hamilton 
Avenue west of Kavon Avenue for E. Julian. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 607, 
approved June 29, 1990, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Hamilton Avenue west of Kavon Avenue for 
E. Julian therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



151 



Ord. 499 

Cny OF BALTIMORE 

ORDINANCE NO. 499 

(CoiincU Bill No. 1003) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CROSS STREET 

FOR the purpose of repealing Ordinance No. 943, 

approved May 15, 1987, which provided for reserved 
handicapped parking on the south side of Cross Street 
west of Cleveland Street for Ernest Hardesty. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 943, 
approved May 15, 1987, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Cross Street west of Geveland Street for 
Ernest Hardesty therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 500 

(Council BUI No. 1041) 

AN ORDINANCE concerning 

SUPPLEMENTARY INDUSTRLU 

DEVELOPMENT AUTHORITY FUND CAPITAL 

APPROPRIATION - 

BALTIMORE CITY PUBLIC SCHOOLS - $1,000,000 



152 



I 



Ord. 500 



FOR the purpose of providing a supplementary Industrial 
Development Authority Fund Capital appropriation in 
the amount of $1,000,000 to the Baltimore City 
Pubhc Schools (Account #9932-418-058) to provide 
for the reconstruction of Ashburton Elementary 
School. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from the Industrial Development 
Authority Loan funds in excess of the revenue estimated 
and relied upon by the Board of Estimates in determining 
the tax levy required to balance the budget for the 1995 
fiscal year and is therefore available for appropriation to 
the Baltimore Qty Public Schools pursuant to the 
provisions of Article VI, Section 2(h) (3) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WTiEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (3) of said 
Charter; and 

WHEREAS, The supplementary Industrial 
Development Authority Fund Capital appropriation 
ordained herein has been recommended to the Qty 
Council by the Board of Estimates at a regular meeting of 
the Board held on the 4th day of January, 1995, all in 
accordance with Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under die 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,000,000 shall be made available to the Baltimore Qty 
Public Schools as a supplementary Industrial Development 
Authority Fund Capital appropriation for the fiscal year 



153 



Ord. 501 



ending June 30, 1995 to provide funding toward the 
reconstruction of Ashburton Elementary School which 
could not reasonably be anticipated at the time of 
formulation of the Fiscal 1995 Ordinance of Estimates. 
The amount hereby made available as a supplementary 
Industrial Development Authority Fund Capital 
appropriation shall be provided from proceeds from the 
Industrial Development Authority Loan funds in excess of 
the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said proceeds from the 
Industrial Development Authority Loan funds shall be the 
source of revenue for this supplementary Industrial 
Development Authority Fund Capital appropriation, as 
required by Article VI, Section 2(h)(3) of the Baltimore 
City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 501 

(Council Bill No. 1042) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

CAPITAL APPROPRIATION - 

BALTIMORE CITY PUBLIC SCHOOI5 - $1,000,000 

FOR the purpose of providing a supplementary General 
Fund Capital appropriation in the amount of 
$1,000,000 to the Baltimore Qty Public Schools 
(Account #9932-418-058) to provide for the 
reconstruction of Ashburton Elementary School. 



154 



J 



I 



Ord. 501 



BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Qiarter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from bond defeasance proceeds 
(Harbor Walk II-B) in excess of the revenue estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year and is therefore available for appropriation to the 
Baltimore City Public Schools pursuant to the provisions 
of Article VI, Section 2(h)(3) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 

WHEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(3) of said 
Charter; and 

WHEREAS, The supplementary General Fund Capital 
appropriation ordained herein has been recommended to 
the City Council by the Board of Estimates at a regular 
meeting of the Board held on the 4th day of January, 
1995, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended). 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,000,000 shall be made available to the Baltimore Qty 
Public Schools as a supplementary General Fund Capital 
appropriation for the fiscal year ending June 30, 1995 to 
provide funding toward the reconstruction of Ashburton 
Elementary School which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amount hereby made 
available as a supplementary General Fund Capital 
appropriation shall be provided from proceeds from bond 
defeasance funds (Harbor Walk II-B) in excess of the 
amount from this source which was estimated or relied 



155 



Ord. 502 



upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1995 fiscal 
year; and said funds from said proceeds from bond 
defeasance (Harbor Walk II-B) shall be the source of 
revenue for this supplementary General Fund Capital 
appropriation, as required by Article VI, Section 2(h) (3) 
of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 502 

(Council Bill No. 1043) 

AN ORDINANCE concerning 

SUPPLEMENTARY LOAN FUND 

CAPITAL APPROPRIATION - 

BALTIMORE CITY PUBLIC SCHOOLS - $2,539,000 

FOR the purpose of providing a supplementary Loan Fund 
Capital appropriation in the amount of $2,539,000 to 
the Baltimore Qty Public Schools (Account #9932- 
418-058) to provide for the reconstruction of 
Ashburton Elementary School. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from City Loan Funds in excess of the 
revenue estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 



156 



Ord. 502 



the budget for the 1995 fiscal year and is therefore 
available for appropriation to the Baltimore Qty Public 
Schools pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore Qty Qiarter (1964 Revision, as 
amended); and 

WHEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(3) of said 
Qiarter; and 

WHEREAS, The supplementary Loan Fund Capital 
appropriation ordained herein has been recommended to 
the Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 4th day of January, 
1995, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR ANT) 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,539,000 shall be made available to the Baltimore City 
Public Schools as a supplementary Loan Fund Capital 
appropriation for the fiscal year ending June 30, 1995 to 
provide funding toward the reconstruction of Ashburton 
Elementary School which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amount hereby made 
available as a supplementary Loan Fund Capital 
appropriation shall be provided from proceeds from Qty 
Loan Funds in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said proceeds from Qty Loan Funds shall be the source of 
revenue for this supplementary Loan Fund Capital 
appropriation, as required by Article VI, Section 2(h)(3) 
of the Baltimore Qty Charter (1964 Revision, as 
amended). 



157 



Ord. 503 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 503 

(Council Bill No. 1044) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE GRANT FUND 

CAPITAL APPROPRL^TION - 

BALTIMORE CITY PUBLIC SCHOOLS - $3,995,000 

FOR the purpose of providing a supplementary State 
Grant Fund Capital appropriation in the amount of 
$3,995,000 to the Baltimore Qty Public Schools 
(Account #9932-418-058) to provide for the 
reconstruction of Ashburton Elementary School. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from a State Grant in excess of the 
revenue estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year and is therefore 
available for appropriation to the Baltimore City Public 
Schools pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Cliarter (1964 Revision, as 
amended); and 

WHEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 



158 



Ord. 503 



accordance with Article VI, Section 2(h) (2) of said 
Qiarter; and 

WHEREAS, The supplementary State Grant Fund 
Capital appropriation ordained herein has been 
recommended to the Qty Council by the Board of 
Estimates at a regular meeting of the Board held on the 
4th day of January, 1995, all in accordance with Article 
VI, Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$3,995,000 shall be made available to the Baltimore City 
Public Schools as a supplementary State Grant Fund 
Capital appropriation for the fiscal year ending June 30, 
1995 to provide funding toward the reconstruction of 
Ashburton Elementary School which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount hereby made 
available as a supplementary State Grant Capital 
appropriation shall be provided from proceeds from a 
State Grant in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said proceeds from a State Grant shall be the source of 
revenue for this supplementary State Grant Fund Capital 
appropriation, as required by Article VI, Section 2(h) (2) 
of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



159 



Ord. 504 

CITY OF BALTIMORE 

ORDINANCE NO. 504 

(Council Bill No. 1045) 

AN ORDINANCE concerning 

SUPPLEMENTARY LOAN FUND 

CAPITAL APPROPRJATION - DEPARTMENT OF HOUSING 

AND COMMUNITY DEVELOPMENT - $1,000,000 

FOR the purpose of providing a supplementary Loan Fund 
Capital appropriation in the amount of $1,000,000 to 
the Department of Housing and Community- 
Development to provide funding toward the 
acquisition of the Fishmarket Property. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from Qty Loan Funds in excess of the 
revenue estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year and is therefore 
available for appropriation to the Department of Housing 
and Community Development pursuant to the provisions 
of Article VI, Section 2(h)(3) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 

WHEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(3) of said 
Charter; and 

WHEREAS, The supplementary Loan Fund Capital 
appropriation ordained herein has been recommended to 
the Qty Council by the Board of Estimates at a regular 
meeting of tlie Board held on the 21st day of December, 



160 



Ord. 505 



1994, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,000,000 shall be made available to the Department of 
Housing and Community Development as a 
supplementary Loan Fund Capital appropriation for the 
fiscal year ending June 30, 1995 to provide funding 
toward the acquisition of the Fishmarket Property which 
could not reasonably be anticipated at the time of 
formulation of the Fiscal 1995 Ordinance of Estimates. 
The amount hereby made available as a supplementary 
Loan Fund Capital appropriation shall be provided from 
proceeds from Qty Loan Funds in excess of the amount 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year; 
and said funds from said proceeds from City Loan Funds 
shall be the source of revenue for this supplementary 
Loan Fund Capital appropriation, as required by Article 
VI, Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 505 
(Council Bill No. 1046) 
AN ORDINANCE concerning 

SUPPLEMENTARY LOAN FUND 



161 



Ord. 505 



CAPITAL APPROPRIATION - 
MAYORALTY - BALTIMORE ZOO - $2,500,000 

FOR the purpose of providing a supplementary Loan Fund 
Capital appropriation in the amount of $2,500,000 to 
the Mayoralty - Baltimore Zoo (Account #9938-483- 
016) for the construction of new exhibits. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein 
represents proceeds from Qty Loan Funds in excess of the 
revenue estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year and is therefore 
available for appropriation to the Mayoralty - Baltimore 
Zoo pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended); and 

WHEREAS, The sum herein appropriated could not 
reasonably be anticipated at the time of formulation of 
the Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(3) of said 
Charter; and 

WHEREAS, The supplementary Loan Fund Capital 
appropriation ordained herein has been recommended to 
tlie Qty Council by the Board of Estimates at a regular 
meeting of tlie Board held on the 4th day of January, 
1995, all in accordance with Article VI, Section 2(h)(3) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,500,000 shall be made available to the Mayoralty - 
Baltimore Zoo as a supplementary Loan Fund Capital 
appropriation for the fiscal year ending June 30, 1995 to 



162 



Ord. 506 



provide funding for the construction of new exhibits 
which could not reasonably be anticipated at the time of 
formulation of the Fiscal 1995 Ordinance of Estimates. 
The amount hereby made available as a supplementary 
Loan Fund Capital appropriation shall be provided from 
proceeds from Qty Loan Funds in excess of the amount 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year; 
and said funds from said proceeds from City Loan Funds 
shall be the source of revenue for this supplementary 
Loan Fund Capital appropriation, as required by Article 
VI, Section 2Ch)(3) of the Baltimore City Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 506 

(Council Bill No. 961) 

AN ORDINANCE concerning 

TRANSIT AND TRAFFIC - BLOCKING 
DRIVEWAY ENTRANCES 

FOR the purpose of requiring that the no stopping signs 
posted at service drives or driveways of 
nonresidential property shall state the hours of the 
day when stopping is prohibited. 

BY repealing and reordaining v\ath amendments 
Article 31 - Transit and Traffic 
Subtide - Driveways 
Section 31 A 



163 



Old. 506 



Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Driveways 

31 A. Posting for impounding. 

Upon the written request of the owner or occupant 
and provided that the owner or occupant pays the 
complete cost of inspection, fabrication and erection, the 
Commission e r of Transit and Traffic will DIRECTTOR OF 
PUBLIC WORKS SHALL DETERMINE ON A CASE BY 
CASE BASIS, IN THE CASE OF NONRESIDENTLU 
PROPERTY, THE TIMES WHEN STOPPING IS 
PROHIBITED. AND SHALL erect signs [reading "No 
stopping any time Cars - towed away"] on either side of 
the entrance to a private way, driveway or service drive. 
SIGNS POSTED FOR RESIDENTLU PROPERTY SHALL 
READ "NO STOPPING ANY TIME - CARS TOWED AWAY'. 
SIGNS POSTED FOR NONRESIDENTLU PROPERTY 

SHALL READ "NO STOPPING FROM TO . 

CARS TOWED AWAY' , OR "NO STOPPING ANY TIME - 
CARS TOWED AWAr AS DETERMINED BY THE 
DEPARTMENT OF PUBLIC WORKS . 

All such signs shall be and remain the property of the 
Qty of Baltimore. 

SEC. 2. AND BE IT FURTFIER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved March 1, 1995 

KURT L. SCHMOKE, Mayor 



164 



Ord. 507 



CITY OF BALTIMORE 

ORDINANCE NO. 507 

(Council Bill No. 996) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 
501-507 NORTH CHESTER STREET 

FOR the purpose of authorizing the construction and 
maintenance of a handicap ramp projecting 
approximately 4 feet into the public right-of-way on 
the east west side of the property known as 501-507 
North Chester Street. 

BY authority of 

Article 32 - Buildmg Code ' 

Subtide - Article 5 - General Building Limitations 

Section 507.2, 507.12 j 

Baltimore City Code (1983 Replacement Volume, as c 

amended) i 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND I 

CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of a handicap ramp are hereby 
authorized on the east west side of the property known as 
501-507 North Chester Street. The ramp shall be 
approximately 4 feet wide. The structure shall project 
into the public right-of-way approximately 4 feet. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
City Council of Baltimore shall be complied with in the 
construction and maintenance of this structure. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 1, 1995 

KURT L. SCHMOKE, Mayor 



165 



Ord. 508 

CITY OF BALTIMORE 

ORDINANCE NO. 508 

(CoiincU Bill No. 1032) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
830 W. 40TH STREET 

FOR the purpose of approving the application of Roland 
Park Place, Inc., to amend the Planned Unit 
Development approved by Ordinance No. 16, 
approved March 5, 1980, as amended by Ordinance 
No. 658, approved May 6, 1986, and to approve the 
amended Development Plan submitted by the 
applicant. 

BY authority 

Article 30 - Zoning 

Sections 12.0-1 and 12.0-2 

Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

WHEREAS, By Ordinance No. 16, approved March 5, 
1980, the application of the Roland Park Country School, 
Inc., and Lutheran Hospital of Maryland, Inc. to have the 
property lying north of 40th Street and west of Kittery 
Lane, consisting of 8 acres, more or less, designated as a 
Planned Unit Development and the Development Plan 
submitted by the applicants were approved; and 

WHEREAS, By Ordinance No. 658, approved May 6, 
1986, the application of Roland Park Place, Inc., the then 
and present owner of the property, to amend the Planned 
Unit Development to include the contiguous properties 
known as 818, 822 and 826 W. 40th Street in its 
approved project of housing designed for the elderly and 
to amend the Development Plan submitted by the 
applicant was approved; and 



166 



Ord. 508 



WHEREAS, Roland Park Place, Inc. wishes to further 
amend the Development Plan approved by Ordinance No. 
16, approved March 5, 1980, as amended by Ordinance 
No. 658, approved May 6, 1986, in order to increase the 
number of nursing beds in the project to eighty-eight; and 

WHEREAS, On November 21, 1994 the 
representatives of Roland Park Place, Inc. met with the 
Department of Planning for a pre-petition conference to 
explain the scope and nature of the proposed 
amendments to the Development Plan; and 

WHEREAS, The representatives of Roland Park, Inc. 
hereby make formal application to the Baltimore Qty 
Council and submit the requisite amended Development 
Plans to satisfy the requirements specified in Sections 
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended); now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended 
Development Plan submitted by Roland Park Place, Inc., 
attached hereto and made a part hereof, to amend the 
Development Plan approved by Ordinance No. 16, 
approved March 5, 1980, as amended by Ordinance No. 
658, approved May 6, 1986, be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
amended Development Plan submitted by Roland Park 
Place, Inc. will increase the number of permitted nursing 
beds in the main building to eighty-eight. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the Development Plan which is a 
part hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the Development 
Plan, and when the Mayor approves the ordinance, he 
shall sign the Development Plan. The Director of Finance 
shall then transmit a copy of the ordinance and the 
Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of 



167 



Ord. 509 



Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 509 

(Council BUI No. 1033) 

AN ORDINANCE concerning 

REZONING - A PORTION OF 3002 GIBBONS AVENUE 

FOR the purpose of changing the zoning for a portion of 
the property known as 3002 Gibbons Avenue from 
the R-4 Zoning District to the B-2-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 18 
Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 18 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the R-4 Zoning District to the B-2-2 Zoning District a 
portion of the property knowrn as 3002 Gibbons Avenue, 
as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FLUTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 



168 



I 



Ord. 510 



in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore City and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on th e 30th day aft e r the date 
of its enactment. 

Approved March 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



c 



ORDINANCE NO. 510 £ 

(Council Bill No. 1076) 5 

AN ORDINANCE concerning 

PROHIBITING THE USE OF NON-MAJOR LEAGUE 

BASEBALL PLAYERS AT ORIOLE PARK 

AT CAMDEN YARDS 

FOR the purpose of prohibiting the use of non-major 
league baseball players at Oriole Park at Camden 
Yards. 

BY adding 

Article 21 - Recreation and Parks 

Section 12 to be under the new subtitie "Professional 

Sports" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 



169 



Ord. 510 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 21 - RECREATION AND PARKS 

PROFESSIONAL SPORTS 

12. PROFESSIONAL BASEBALL. 

(A) PURPOSE AND INTENT. 

(1) IT IS THE PURPOSE OF THIS SUBTITLE TO 
PROHIBIT THE USE OF NON-MAJOR LEAGUE BASEBALL 
PLAYERS AT ORIOLE PARK AT CAMDEN YARDS. 

(2) ORIOLE PARK AT CAMDEN YARDS WAS 
BUILT TO PROVIDE A PLACE FOR MAJOR LEAGUE 
BASEBALL GAMES TO BE PLAYED BY THE BALTIMORE 
ORIOLES BASEBALL TEAM FOR THE BENEFIT OF FANS 
OF PROFESSIONAL BASEBALL, IN THE MID-ATLANTIC 
AREA. 

(3) ORIOLE PARK AT CAMDEN YARDS WAS 
CONSTRUCTED PURSUANT TO FUNDING BY THE 
MARYLAND STADIUM AUTHORITY AND AGREEMENTS 
BETWEEN THE STADIUM AUTHORITY AND THE CITY 
OF BALTIMORE. IN ADDITION, THERE ARE STATE 
LAWS THAT REQUIRE CONTINUING DUTIES TO BE 
PERFORMED BY THE CITY OF BALTIMORE IN 
CONJUNCTION WITH THE OPERATION OF THE 
STADIUM. 

(4) THE OPERATION OF THE STADIUM IS AN 
ECONOMIC BENEFIT TO THE CITY AND THE STATE OF 
MARYLAND. A TOTAL SOLD OUT SEASON MEANS THE 
ATTENDANCE OF 4,600,000 FANS IN THE CITY OF 
BALTIMORE. THOSE FANS, BETWEEN APRIL AND 
OCTOBER, PATRONIZE BUSINESSES WHICH PROVIDE 
EMPLOYMENT FOR MANY CITIZENS IN THE 
METROPOLITAN AREA. 



170 



Ord. 510 



(5) THESE MAJOR LEAGUE BASEBALL FANS 
EXPECT TO SEE MAJOR LEAGUE BASEBALL PLAYERS 
PLAYING AT ORIOLE PARK AT CAMDEN YARDS. ANY 
PLAYER OF LESS THAN MAJOR LEAGUE CALIBER WILL 
NOT BE ACCEPTABLE TO FANS AND WILL CAUSE A 
SUBSTANTLU DECREASE IN ATTENDANCE. 

(6) THE RECENT POSITION OF THE 
COMMISSIONER OF BASEBALL, AT THE REQUEST OF 
THE OWNERS OF THE BASEBALL TEAMS TO FIELD 
NON-MAJOR LEAGUE BASEBALL PLAYERS IN PLACE OF 
STRIKING MAJOR LEAGUE BASEBALL PLAYERS, 
THREATENS THE SOCL^L AND ECONOMIC STABIUTY 
OF THE CITIZENS OF BALTIMORE AND THE 
BALTIMORE METROPOLITAN AREA. THE 
COMMISSIONER'S PROPOSAL TO WITHDRAW THE 
FRANCHISE OF ANY MAJOR LEAGUE BASEBALL TEAM 
THAT DOES NOT COMPLY FURTHER THREATENS THE 
SOCL\L AND ECONOMIC STABILITY OF THE CITIZENS 
OF BALTIMORE AND BALTIMORE METROPOLITAN 
AREA. 

(7) THE CITY OF BALTIMORE HAS A VESTED 
INTEREST IN THE OPERATION OF ORIOLE PARK AND, 
HENCE, HAS THE POWER AND AUTHORITY IN THE 
EXERCISE OF ITS POUCE POWERS TO ENACT LAWS TO 
PROTECT THE SAFETY, HEALTH, AND WELFARE OF 
THE CITIZENS OF BALTIMORE. 

(B) MAJOR LEAGUE BASEBALL GAMES SHALL NOT 
BE PLAYED AT ORIOLE PARK AT CAMDEN YARDS WITH 
NON-MAJOR LEAGUE BASEBALL PLAYERS. 

(Q A PERSON OR ANY PERSON, WHO ON BEHALF 
OF AN ORGANIZATION AUTHORIZES THE PLAYING OF 
MAJOR LEAGUE BASEBALL GAMES BY NON-MAJOR 
LEAGUE BASEBALL PLAYERS IN ORIOLE PARK AT 
CAMDEN YARDS, SHALL BE CONSIDERED TO BE IN 
VIOLATION OF THIS SUBTITLE AND UPON CONVICTION 
SHALL BE GUILTY OF A MISDEMEANOR AND SUBJECT 
TO A FINE OF $1,000. EACH DAY THE PROVISIONS OF 
THIS SUBTITLE ARE VIOLATED SHALL BE CONSIDERED 
A SEPARATE VIOLATION. 



171 



Ord. 511 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 8, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 511 

(Council Bill No. 1056) 

AN ORDINANCE concerning 

CITY STREET - OPENING CERTAIN STREETS AND 

ALLEYS BOUNDED BY E. 24TH STREET, 

N. CHARLES STREET, E. 25TH STREET 

AND ST. PAUL STREET 

FOR the purpose of condemning and opening certain 
streets and alleys bounded by E. 24th Street, N. 
Charles Street, E. 25th Street and St. Paul Street in 
accordance with a plat thereof numbered 349-A-8 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Twenty-Second (22nd) day of November, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and open certain streets and alleys boimded 
by E. 24th Street, N. Charles Street, E. 25th Street and St. 
Paul Street; the said streets and alleys hereby directed to 
be condemned for said opening being described as 
follows: 



172 



Old. 511 



Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of 24th Street, 66 feet wide, 
and the west side of Lovegrove Street, 20 feet wide, said 
point of beginning also being distant North 87° 17' 00" 
East 184.25 feet measured along the north side of said 
24th Street from the east side of Charles Street, 66 feet 
wide, and running thence binding on the north side of 
said 24th Street, North 87** 17' 00" East 20.00 feet, to 
intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, North 
02° 48' 50" West 294.00 feet, to intersect the south side 
of Ware Street, 20 feet wide; thence binding on the south 
side of said Ware Street, South 87° 17' 00" West 20.00 
feet, to intersect the west side of said Lovegrove Street, 
and thence binding on the west side of said Lovegrove 
Street, South 02° 48' 50" East 294.00 feet to the place of 
beginning. 



Beginning for Parcel No. 2 at the point formed by the w 

intersection of the south side of 25th Street, 100 feet ^ 

wide, and the west side of Lovegrove Street, 20 feet wide, ^ 

said point of beginning also being distant North 87° 17' S 

00" East 184.46 feet measured along the south side of 2 

said 25th Street from the east side of Qiarles Street, 66 2 

feet wide, and running thence binding on the south side X 

of said 25th Street, North 87° 17' 00" East 20.00 feet to •-* 

intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, South 
02° 52' 11" East 150.00 feet, to intersect the north side of ^ 

Ware Street, 20 feet wide; thence binding on the north 
side of said Ware Street, South 87° 17' 00" West 20.00 
feet, to intersect the west side of said Lovegrove Street, 
and thence binding on the west side of said Lovegrove 
Street, North 02° 52' 11" West 150.00 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the east side of Qiarles Street, 66 feet 
wide, and the soudi side of Ware Street, 20 feet wide, 
and running thence binding on the south side of said 
Ware Street, North 87° 17' 00" East 300.08 feet, to 
intersect the west side of an alley, 5 feet wide, laid out in 
the rear of the properties known as Nos. 2426 thru 2430 



173 



Ord. 511 



St. Paul Street, thence binding on the line of the west side 
of said 5 Foot Alley, if projected northerly, North 02** 50' 
12" West 20.00 feet, to intersect the north side of said 
Ware Street; thence binding on the north side of said 
Ware Street, South 87° 17' 00" West 300.07 feet, to 
intersect the east side of said Charles Street, and thence 
binding on the east side of said Charles Street, South 02** 
48' 50" East 20.00 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the east side of Lovegrove Street, 20 feet 
wide, and the south side of an alley, 10 feet wide, laid 
out in the rear of the properties known as Nos. 12 thru 
20 E. 24th Street, said point of beginning also being 
distant North 02** 48' 50" West 90.00 feet measured along 
the east side of said Lovegrove Street from the north side 
of 24th Street, 66 feet wide, and running thence binding 
on the east side of said Lovegrove Street, North 02** 48' 
50" West 10.00 feet, to intersect the north side of said 10 
Foot Alley; thence binding on the north side of said 10 
Foot Alley, North 87** 17' 00" East 75.16 feet, to intersect 
the line of the west outline of the property knov^nn as No. 
22 E. 24th Street, if projected northerly; thence binding 
reversely on the last said line, so projected. South 02* 48' 
50" East 10.00 feet, to intersect the south side of said 10 
Foot Alley, and thence binding on the south side of said 
10 Foot AUey, South 87** 17' 00" West 75.16 feet to the 
place of beginning. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said streets and alleys as directed to be 
condemned being more particularly described and 
referred to among the Land Records of Baltimore Qty and 
delineated and particularly shown on a plat numbered 
349-A-8 which was filed in the Office of the Department 
of Public Works on the Twenty-Second (22nd) day of 
November in the year 1994 and is now on file in said 
office. 



174 



Ord. 512 



SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said streets 
and alleys and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved March 9, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 512 

(Council Bill No. 1057) 

AN ORDINANCE concerning 

CITY STREET - CLOSING CERTAIN STREETS 

AND ALLEYS BOUNDED BY E. 24TH STREET, 

N. CHARLES STREET, E. 25TH STREET 

AND ST. PAUL STREET 

FOR the purpose of condemning and closing certain 
streets and alleys bounded by E. 24th Street, N. 
Charles Street, E. 25th Street and St. Paul Street in 
accordance with a plat thereof numbered 349-A-8A 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Twenty-Second (22nd) day of November, 1994. 



175 



Ord. 512 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close certain streets and alleys bounded 
by E. 24th Street, N. Charles Street, E. 25th Street and St. 
Paul Street; the streets and alleys hereby directed to be 
condemned for said closing described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of 24th Street, 66 feet wide, 
and the west side of Lovegrove Street, 20 feet wide, said 
point of beginning also being distant North 87° 17' 00" 
East 184.25 feet measured along the north side of said 
24th Street from the east side of Charles Street, 66 feet 
wide, and running thence binding on the north side of 
said 24th Street, North 87° 17' 00" East 20.00 feet, to 
intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, North 
02° 48' 50" West 294.00 feet, to intersect the south side 
of Ware Street, 20 feet wide; thence binding on the south 
side of said Ware Street, South 87° 17' 00" West 20.00 
feet, to intersect the west side of said Lovegrove Street, 
and thence binding on the west side of said Lovegrove 
Street, South 02° 48' 50" East 294.00 feet to the place of 
beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the south side of 25th Street, 100 feet 
wide, and the west side of Lovegrove Street, 20 feet wide, 
said point of beginning also being distant North 87° 17' 
00" East 184.46 feet measured along the south side of 
said 25th Street from the east side of Charles Street, 66 
feet wide, and running thence binding on the south side 
of said 25th Street, North 87° 17' 00" East 20.00 feet to 
intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, South 



176 



I 



Ord. 512 



02° 52' 11" East 150.00 feet, to intersect the north side of 
Ware Street, 20 feet wide; thence binding on the north 
side of said Ware Street, South 87*' 17' 00" West 20.00 
feet, to intersect the west side of said Lovegrove Street, 
and thepce binding on the west side of said Lovegrove 
Street, North 02° 52' 11" West 150.00 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the east side of Qiarles Street, 66 feet 
wide, and the south side of Ware Street, 20 feet wide, 
and running thence binding on the south side of said 
Ware Street, North 87° 17' 00" East 300.08 feet to 

intersect the west side of an alley, 5 feet wide, laid out in 5 

the rear of the properties known as Nos. 2426 thru 2430 ^ 

St. Paul Street; thence binding on the line of the west 5 

side of said 5 foot alley, if projected northerly, North 02° ^ 

50' 12" West 20.00 feet to intersect the north side of said 5 

Ware Street; thence binding on the north side of said k 

Ware Street, South 87° 17' 00" West 300.07 feet, to 



Q 



intersect the east side of said Charles Street, and thence k 

binding on the east side of said Charles Street, South 02° cc 

48' 50" East 20.00 feet to the place of beginning. ^ 

Beginning for Parcel No. 4 at the point formed by the 5^ 

intersection of the east side of Lovegrove Street, 20 feet *** 

wide, and the south side of an alley, 10 feet wide, laid ^ 

out in the rear of the properties known as Nos. 12 thru 
20 E. 24th Street, said point of beginning also being 
distant North 02° 48' 50" West 90.00 feet measured along 
the east side of said Lovegrove Street from the north side 
of 24th Street, 66 feet wide, and running thence binding 
on the east side of said Lovegrove Street, North 02° 48' 
50" West 10.00 feet to intersect the north side of said 10 
foot alley; thence binding on the north side of said 10 
foot alley. North 87° 17' 00" East 75.16 feet to intersect 
the line of the west outline of the property known as No. 
22 E. 24th Street, if projected northerly; thence binding 
reversely on the last said line, so projected. South 02° 48' 
50" East 10.00 feet to intersect the south side of the said 
10 foot alley and thence binding on the south side of said 
10 foot alley, South 87° 17' 00" West 75.16 feet to the 
place of beginning. 



177 



Old. 512 



All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said streets and alleys as directed to be 
condemned being more particularly described and 
referred to among the Land Records of Baltimore City and 
delineated and particularly shown on a plat numbered 
349-A-8A which was filed in the Office of the Department 
of Public Works on the Twenty-Second (22nd) day of 
November in the year 1994 and is now on file in said 
Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and City Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid m 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corp>orate 
desiring to erect such buildings or structures. Railroad 



178 



Ord. 513 



tracks shall be taken to be "stnictures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. ^ 

SEC. 5. AND IT BE FURTHER ORDAINED, That the J 

proceedings of said Department of Public Works with ^ 

reference to the condemnation and closing of said streets 5 

and alleys and the proceedings and rights of all parties o, 

interested or affected thereby, shall be regulated by, and ^ 

be in accordance with, any and all applicable provisions |^ 



CITY OF BALTIMORE 
ORDINANCE NO. 513 
(Council BUI No. 933) 



of Article 4 of the Code of Public Local Laws of Maryland 5 

and the Charter of Baltimore City (1964 Revision, as gC 

amended) and any and all amendments thereto, and any > 

and all other Acts of the General Assembly of Maryland, X' 

and any and all ordinances of the Mayor and City Council ^ "^ 

of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 6. AND BE IT FURTHER ORDAINED, That diis 
Ordinance shall take effect on the date of its enactment. 

Approved March 9, 1995 

KURT L. SCHMOKE, Mayor 



179 



Ord. 513 



AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
VICTOR B. HANDAL BUSINESS CENTER 

FOR the purpose of approving the application of Allen 
and Company Moving and Storage, Inc. to amend the 
Business Planned Development approved by- 
Ordinance No. 130, approved June 28, 1984, 
amended by Ordinance No. 525, approved October 
21, 1985, and amended by Ordinance No. 808, 
approved November 22, 1991, known generally as 
the Victor B. Handal Business Center, and to approve 
the amendment to the Development Plan submitted 
by the applicant. 

BY authority of 

Article 30 - Zoning 
Section 12.0-1 and 12.0-2 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, Ordinance No. 130, approved June 28, 
1984, as amended by Ordinance No. 525, approved 
October 21, 1985, and by Ordinance No. 808, approved 
November 22, 1991, approved the application of Peter V. 
Handal to have the property lying at the triangular 
comer of North Avenue, Harford Road and Broadway, 
consisting of 7.951 acres more or less, designated a 
Business Planned Development in accordance with 
Sections 12.0-1 and 12.02 of Article 30 of the Baltimore 
City Code (1983 Replacement Volume, as amended) and 
the Development Plan submitted by Peter Handal was 
approved. 

WHEREAS, Allen and Company Moving and Storage, 
Inc., the owner of the property at 1268 E. North Avenue, 
desires to be included within the boundaries of the 
Development; and 

WHEREAS, On representatives of Allen and 

Company Moving and Storage, Inc. met with the 
Department of Planning to hold a prepetition conference 



180 



Ord. 513 



to explain the scope and nature of the projxjsed 
amendment to the Development Plan. 

WHEREAS, Together herewith, Allen and Company 
Moving and Storage, Inc. has made formal application to 
the Qty Council of Baltimore and has submitted the 
requisite amended Development Plan showing the new 
area included within the Development Plan and the 
location of the Property and intended to satisfy the 
requirements specified in Sections 12.0-1 and 12.0-2 of 
the Baltimore Qty Code (1983 Replacement Volume, as 
amended); now, therefore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
Allen and Company Moving and Storage, Inc., as outlined 
in the Amended Development Plan accompanying this 
Ordinance, to amend the Development Plan approved by 
Ordinance No. 130, approved June 28, 1994, as amended 
by Ordinance No. 525, approved October 21, 1985, and 
by Ordinance No. 808, approved November 22, 1991, 
pursuant to Article 30, Sections 12.0-1 and 12.0-2 of the 
Baltimore Qty Code (1983 Replacement Volimae, as 
amended), be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Amended Development Plan submitted by Allen and 
Company Moving and Storage, Inc., attached hereto and 
made part hereof, be and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon 
passage of this Ordinance by the Qty Cbuncil, as evidence 
of the authenticity of the amended Development Plan 
which is a part hereof and in order to give notice to the 
departments which are administering the Zoning 
Ordinance, the President of the Qty Coimcil shall sign the 
Amended Development Plan, and when the Mayor 
approves the Ordinance, he shall sign the Amended 
Development Plan. The Director of Finance shall then 
transmit a copy of the Ordinance and the Amended 
Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of 



181 



Ord. 514 



Assessments for Baltimore Qty and the Zoning 
Administrator of Baltimore Qty. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved March 16, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 514 

(Council BUI No. 1035) 

AN ORDINANCE concerning 

REZONING - 1700-1720 EDMONDSON AVENUE 

FOR the pmpose of changing the zoning for the property 
known as 1700-1720 Edmondson Avenue from the R- 
8 Zoning District to the OR-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 54 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 54 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
City Code (1983 Replacement Volume, as amended) tide 
"Zoning" be and it is hereby amended by changing from 
the R-8 Zoning District to the OR-2 Zoning District the 
property known as 1700-1720 Edmondson Avenue, as 
outlined in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of tlie plat which is a part hereof and 
in order to give notice to the departments which are 



182 



Ord. 515 



administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. ! 

Approved March 16, 1995 ; 

KURT L. SCHMOKE, Mayor J 



i4 

CITY OF BALTIMORE ^' 

> 

ORDINANCE NO. 515 £; 

a 

(Council Bill No. 1054) , 2 

AN ORDINANCE concerning ^ 

CITY STREET - OPENING OF TWO 14 FOOT ALLEYS 

FOR the purpose of condemning and opening two 14 foot 
alleys located north of Wyndhurst Avenue between 
Blythewood Road and Lav^nndale Avenue (1) 
extending from Lawndale Avenue Easterly 90.1 feet, 
more or less, and (2) extending from the southwest 
outline of No. 5114 N. Charles Street Southerly 191.1 
feet, more or less, respectively in accordance with a 
plat thereof numbered 349-A-7 prepared by the 
Survey Control Section and filed in the Office of the 
Department of Public Works, on the Thirteenth 
(13th) day of October, 1994. 

BY authority of 

Article I - General Provisions 



183 



Ord. 515 



Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open two 14 foot alleys located north of 
Wyndhurst Avenue between Blythewood Road and 
Lawndale Avenue; the said 14 foot alleys hereby directed 
to be condemned for said opening being described as 
follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of an alley, 14 feet wide, 
laid out 200 feet north of Wyndhurst Avenue, 50 feet 
wide, and the east side of Lav^nidale Avenue, 50 feet wide, 
and running thence binding on the east side of said 
Lawndale Avenue, North 09° 50' 23" West 14.04 feet to 
intersect the north side of said alley; thence binding on 
the north side of said alley. North 84° 21' 55" East 90.56 
feet to intersect the line of the division line between tlie 
properties known as No. 5001 Lawndale Avenue and No. 
304 Wyndhurst Avenue, if projected northerly; thence 
binding reversely on said line so projected. South 05° 40' 
49" East 14.00 feet to intersect the south side of said alley 
and thence binding on the south side of said alley, South 
84° 21' 55" West 89.55 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of an alley, 14 feet wide, laid 
out in the rear of the property known as No. 5009 
Lawndale Avenue, and the southwest outline of the 
property known as No. 5114 N. Charles Street, said point 
of beginning being distant South 74° 47' 04" East 164.70 
feet measured along the southwest outline of last said 
property from the east side of Lawndale Avenue, 50 feet 
wide, and running thence binding on the southwest 
outline of last said property and on the northernmost 
extremity of said alley. South 74° 47' 04" East 15.45 to 
intersect the east side of said alley; thence binding on die 
east side of said alley. South 09° 50' 23" East 187.84 feet 



184 



Ord. 515 



to the division line between the property known as No. 
5008 Blythewood Road and the property known as No. 
5006 Blythewood Road; thence binding on the line of the 
division line between last said properties if projected 
westerly, South 80*" 02' 41" West 14.00 feet to intersect 
the west side of said alley and thence binding on the west 
side of said alley, North 09° 50' 23" West 194.41 feet to 
the place of beginning. 

All courses and distances in the above descriptions 
are referred to as true meridian as adopted by the 
Baltimore Survey Control System. 

The said 14 foot alleys as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 349-A-7 which 
was filed in the Office of the Department of Public Works 
on the Thirteenth (13di) day of October in the year 1994 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said 14 
foot alleys and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance vyath, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved March 21, 1995 

KURT L. SCHMOKE, Mayor 



185 



Ord. 516 

CITY OF BALTIMORE 

ORDINANCE NO. 516 

(Council Bill No. 1055) 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF TWO 14 FOOT ALLEYS 

FOR the purpose of condemning and closing two 14 foot 
alleys located north of Wyndhurst Avenue between 
Blythewood Road and Lawndale Avenue (1) 
extending from Lawndale Avenue Easterly 90.1 feet, 
more or less, and (2) extending from the southwest 
outline of No. 5114 N. Charles Street Southerly 191.1 
feet, more or less, respectively in accordance with a 
plat thereof numbered 349-A-7A prepared by the 
Survey Control Section and filed in the Office of the 
Department of Public Works, on the Thirteenth 
(13th) day of October, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close two 14 foot alleys located north of 
Wyndhurst Avenue between Blythewood Road and 
Lawndale Avenue; the said 14 foot alleys hereby directed 
to be condemned for said closing being described as 
follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of an alley, 14 feet wide, 
laid out 200 feet north of Wyndhurst Avenue, 50 feet 
wide, and the east side of Lawndale Avenue, 50 feet wide, 
and running thence binding on the east side of said 



186 



Ord. 516 



Lawndale Avenue, North 09°50'23" West 14.04 feet to 
intersect the north side of said alley; thence binding on 
the north side of said alley, North 84*'21'55" East 90.56 
feet to intersect the line of the division hne between the 
properties known as No. 5001 Lavmdale Avenue and No. 
304 Wyndhurst Avenue, if projected northerly; thence 
binding reversely on said line so projected, South 
05°40'49" East 14.00 feet to intersect the south side of 
said alley and thence binding on the south side of said 
alley, South 84°21'55" West 89.55 feet to the place of 
beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of an alley, 14 feet wide, laid 
out in the rear of the property known as No. 5009 
Lawndale Avenue and the southwest outline of the 
property known as No. 5114 N. Charles Street, said point 
of beginning being distant South 74°47'04" East 164.70 
feet measured along the southwest outline of last said 
property from the east side of Lawndale Avenue, 50 feet 
wide, and rurming thence binding on the southwest 
outline of last said property, and on the northernmost 
extremity of said alley. South 74''47'04" East 15.45 feet to 
intersect the east side of said alley; thence binding on the 
east side of said alley. South 09°50'23" East 187.84 feet to 
the division line between the property known as No. 5008 
Blythewood Road and the property known as No. 5006 
Blythewood Road; thence binding on the line of the 
division line between last said properties, if projected 
westerly, South 80°02'41" West 14.00 feet to intersect the 
west side of said alley and thence binding on the west 
side of said alley. North 09°50'23" West 194.41 feet to the 
place of beginning. 

All courses and distances in the above descriptions 
are referred to as true meridian as adopted by the 
Baltimore Survey Control System. 

The said 14 foot alleys as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 349-A-7A which 
was filed in the Office of the Department of Public Works 



187 



Ord. 516 



on the Thirteenth (13th) day of October in the year 1994 
and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and City 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and City Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and City Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
prop>osed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore City, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FUTITHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 



188 



Ord. 517 



Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and closing of said 14 foot 
alleys and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 21, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 517 
(Council Bill No. 1078) 



189 



Ord. 517 



AN ORDINANCE concerning 

BALTIMORE CITY CRITICAL AREA 
MANAGEMENT PROGRAM 

FOR the purpose of amending the Baltimore Qty Critical 
Area Management Program to conform to certain 
state requirements; clarifying the use of the term 
"buffer exemption"; adding and modifying certain 
provisions relating to Habitat Protection Areas; and 
generally relating to the Baltimore Qty Critical Area 
Management Program and the Critical Area 
Management Program Document. 

By repealing and reordaining with amendments 
CAMP Document 
Section III - Development Requirements 

B. When Is a Development Project Subject to 
Critical Area Development Requirements? 

- second paragraph 

BY repealing 

CAMP Document 

Section III - Development Requirements 

C. General Requirements 

2. CAMP Requirements, second paragraph 

BY adding 

CAMP Document 

Section III - Development Requirements 

C. General Requirements 

2. CAMP Requirements, second paragraph 

BY repealing and reordaining with amendments 
CAMP Document 

Section III - Development Requirements 
C. General Requirements 

3. CAMP Marina Requirements, introductory 

paragraph and paragraph (a) 

BY adding 

CAMP Document 

Section III - Development Requirements 



190 



a 



Ord. 517 



C. General Requirements 

3. CAMP Marina Requirements, new paragraphs (a-1) 
and (a-2) 

By repealing and reordaining with amendments 
CAMP Document 

Section III - Development Requirements 
C. General Requirements 
3. CAMP Marina Requirements, paragraph (b) 

By adding 

CAMP Document 

Section III - Development Requirements 

C. General Requirements ^ 
5. Structures on piers ' 

BY repealing and reordaining with amendments J 

CAMP Document 5 

Section III - Development Requirements u 

D. Requirements By Development Area f 

1. Waterfront Revitalization Area f~ 
(b) Requirements for Buffer Establishment, first two c/ 

sentences £[ 

::> 

CAMP Document ^ 

Section III - Development Requirements "*" 

D. Requirements By Development Area 

2. Waterfront Industrial Area 

(b) Requirements for Buffer Establishment, first 
sentence 

By adding 

CAMP Document 

Section IV - Offset Programs 

D. Marina Aeration Mitigation Offset Program 

BY adding 

CAMP Docimient 

Section V - Administration 

A. Critical Area Review Process, new paragraph, to 

follow paragraph 5 

H. Document Corrections 



191 



Ord. 517 



BY repealing and reordaining with amendments 
Appendix A 
II. Balriraore City Critical Area Plant and Wildlife 

Habitat 
11. Areas which may in the future be identified by 

state and federal agencies as important Plant or 

Wildlife Habitats. 

BY repealing 
Appendix A 

IV. Protection Requirements for Designated HPA's, 
introductory paragraph 

BY adding 

Appendix A 

IV. Protection Requirements for Designated HPA's, 
introductory paragraph 

BY repealing 
Appendix A 

IV. Protection Requirements for Designated HPA's, 
A. Habitat Protection Areas having significant 
vegetation, second paragraph 

BY adding 

Appendix A 

IV. Protection Requirements for Designated HPA's, 

A. Habitat Protection Areas having significant 
vegetation, second paragraph 

BY adding 

App)endix A 

IV. Protection Requirements for Designated HPA's 

B. Habitat Protection Areas having no significant 
vegetation, new paragraph to follow paragraph 3 

BY repealing and reordaining witli amendments 
Appendix A 

IV. Protection Requirements for Designated HPA's 
D. Mitigation Plan, first paragraph, second sentence 



192 



Ord. 517 



Appendix B 

VIII. Strategy to Reduce Water Quality Impacts from 

Existing Development 
E. Installation of Aeration Devices, second paragraph, 

first sentence 

BY repealing 

Appendix B-2 

Runoff Pollution Control Design Methodology, fourth 
paragraph 

BY repealing and reordaining with amendments 
Appendix E 
IV. Reconciling Baltimore's Redevelopment Needs with 

Critical Area Requirements 
B. Redevelopment Within the Buffer of Baltimore's 
Critical Area, first paragraph, first sentence 

App)endix E 

IV. Reconciling Baltimore's Redevelopment Needs with 

Critical Area Requirements 
Conclusions, first sentence 

WHEREAS, The Baltimore City Critical Area 
Management Program ("the Program") was adopted 
December 4, 1987, as required in Natural Resources 
Article, Tide 8, subtitle 18, Annotated Code of Maryland 
(1990 Replacement Volume, 1993 cum. Supp.), and was 
subsequently amended to conform the Program to State 
law and regulations; and 

WHEREAS, As part of the process of amending the 
City's Program, the Critical Area Management Program 
Document 1994 Revision (the "CAMP Document"), which 
sets forth the detailed technical requirements of the 
Program, was adopted by reference in Ordinance 356 on 
June 22, 1994; and 

WHEREAS, It is now necessary to amend the 
Program and the CAMP Document in order to incorporate 
cenain modifications requested by die Chesapeake Bay 
Critical Area Commission as a condition of approving the 
amended Program; and 



193 



Ord. 517 



WHEREAS, After passage of this ordinance, the 
Critical Area Commission shall review the amendments 
enacted by this ordinance and shall approve or disapprove 
them; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Critical Area Management Program 
Document, 1994 Revision, be added, repealed, or 
amended, to read as follows: 

CAMP Document 

Section III - Development Requirements 

B. When Is a Development Project Subject to 
Critical Area Development Requirements? (second 
paragraph) : 

Significant development is defined as development 
which would: 

1) meet or exceed 50% of the assessed value 
of the property; 

2) result in a disturbance to land within the 

Buffer by 5,000 square feet: 

3) result in a disturbance to land within the 
Critical Area by 10,000 square feet: [or] 

(4) result in a disturbance to a designated 
Habitat Protection Area [.1 ; OR 

(5) RESULT IN A DISTURBANCE 
WATERWARD OF THE MEAN HIGH 
WATERLINE OF TIDAL STREAMS, WATERS 
AND WETLANDS. 

Section III - Development Requirements 

C. General Requirements 

2. CAMP Requirements (second paragraph): 

[Developers are encouraged to avoid development 
witliin the Buffer, particularly when such 
development would result in an increase in the 
amount of impervious surface or destruction of 
habitat within the Buffer. Throughout the City's 
Critical Area, developers will be required to replace 
existing vegetation disturbed by development and to 



194 



Ord. 517 



correct any shore erosion problems. All development 
proposed for any portion of the Buffer must be 
granted a Buffer exemption as required by the Critical 
Area Regulations (COMAR 27.01.09.01(8)). Such 
exemptions may be granted by the City providing that 
it can be sufficiently demonstrated that the existing 
conditions preclude a naturally vegetated Buffer and 
provided that the developer agrees to an appropriate 
offset as described in Section IV, so that water quality 
and habitat objectives can be met elsewhere in the 
Qt/s Critical Area.] 

THROUGHOUT THE CITY'S CRITICAL AREA, 
DEVELOPERS SHALL REPLACE EXISTING 
VEGETATION DISTURBED BY DEVELOPMENT AND 
SHALL CORRECT ANY SHORE EROSION PROBLEMS. 
DEVELOPERS ARE ENCOURAGED TO AVOID 
DEVELOPMENT WITHIN THE BUFFER, 
PARTICULARLY WHEN SUCH DEVELOPMENT 
WOULD RESULT IN AN INCREASE IN THE AMOUNT 
OF IMPERVIOUS SURFACE OR DESTRUCTION OF 
HABITAT WITHIN THE BUFFER. DEVELOPMENT 
MAY BE PERMITTED IN THE BUFFER PROVIDED 
THAT IT CAN BE SUFFICIENTLY DEMONSTRATED 
THAT THE EXISTING CONDITIONS PRECLUDE A 
NATURALLY VEGETATED BUFFER AND PROVIDED 
THAT THE DEVELOPER AGREES TO AN 
APPROPRL\TE OFFSET AS DESCRIBED IN SECTION 
IV, SO THAT WATER QUALITY AND HABITAT 
OBJECTIVES CAN BE MET ELSEWHERE IN THE 
CITTS CRITICAL AREA. 

CAMP Document 
Section III - Development Requirements 
C. General Requirements 
3. CAMP Marina Requirements, introductory 
paragraph and paragraph (a): 

With respect to new marinas and expanded or altered 
existing marinas, marina developers and operators 
are required to effectuate certain environmental 
offsets and best management practices (BMP's) 
[including the following:]. 



195 



Ord. 517 



TO MEET THE CAMP MARINA REQUIREMENTS, 
DEVELOPERS/OPERATORS ARE REQUIRED TO 
MEET ANY ONE OF THREE MITIGATION OPTIONS: 

(A) AERATION SYSTEM INSTALLATION ON-SITE; 

(B) AERATION SYSTEM INSTALLATION AT AN 
ALTERNATIVE APPROVED LOCATION; (Q PAYMENT 
INTO AN OFFSET FUND. 

(a) Marina developers and operators [are required 
to] MAY install, maintain and operate year- 
round, water aeration systems, the design of 
which must first be approved by the Department 
of Public Works. 

(A-1) MARINA DEVELOPERS/OPERATORS MAY 
INSTALL APPROVED AERATION SYSTEMS AT AN 
ALTERNATIVE LOCATION DESIGNATED BY THE 
DEPARTMENT OF PUBLIC WORKS. 

(A-2) MARINA DEVELOPERS/ OPERATORS MAY 
CONTRIBUTE TO THE MARINA AERATION OFFSET 
PROGRAM. 

(b) -[Marina developers and operators are required to 
install, maintain and op)erate year-round, sanitary 
pumpout facilities.^ New and e xpanded or alt e r e d 
e xisting marinag having ^0 or fewer slips may 
e nt e r into an agr e ement with an adjacent marina 
for the chared us e of common pumpout faciliti e s 
pro\-iding that: 1) the Department of Planning is 
furnish e d with copies of l e gal wTitton agreem e nts 
confirming th e arrangement; and 2) th e location 
and availability of off site pumpout facilities is 
prominently post e d at all tim e s. 

SUCH FACILITIES SHALL BE CONSTRUCTED IN 
CONFORMITY WITH THE PROVISIONS OF THE 
ENVIRONMENT ARTICLE. ANNOTATED CODE 
OF MARYLAND, SEC. 9-333 AS AMENDED. 

CAMP Document 
Section III - Development Requirements 
C. General Requirements 
5. STRUCTURES ON PIERS 



196 



Old. 517 



PURSUANT TO NATURAL RESOURCES ARTICLE, 
TITLE 8, SUBTITLE 18, ANNOTATED CODE OF 
MARYLAND AS AMENDED, NO BUILDING 
PERMIT SHALL BE ISSUED FOR ANY PROJECT 
INVOLVING THE CONSTRUCTION OF A 
DWELLING UNIT OR OTHER NON- WATER- 
DEPENDENT STRUCTURE ON A PIER 
WATERWARD OF THE MEAN HIGH WATERLINE 
OF TIDAL STREAMS, WATERS OR WETLANDS 
WITHIN THE CRITICAL AREA EXCEPT AS 
PROVIDED IN SUBSECTION 1808.4 (E) OF SAID 
SUBTITLE. NON-WATER-DEPENDENT 
STRUCTURES INCLUDE BUT ARE NOT LIMITED 
TO, DWELLING UNITS; RESTAURANTS, SHOPS 
AND OTHER COMMERCLU BUILDINGS; 
GAZEBOS, DECKS AND OTHER RECREATIONAL 
AREAS; SHEDS OR STORAGE BUILDINGS; 
PARKING LOTS; AND SANITARY FACILITIES. 

CAMP DOCUMENT 
Section III - Development Requirements 
D. Requirements By Development Area 

1. Waterfront Revitalization Area 

(h) Requirements for Buffer Establishment (first two 
sentences) : 

A developer vy^ho encroaches upon the Buffer is 
[required to apply for a Buffer exemption. The 
developer is] encouraged to plant vegetation on 
as much of the Buffer (i.e., total land area within 
the site which lies 100 feet or less from mean 
high tide, exclusive of the public pedestrian 
promenade easement) as possible. 

CAMP DOCUMENT 
Section III - Development Requirements 
D. Requirements By Development Area 

2. Waterfront Industrial Area 

(b) Requirements for Buffer Establishment (first 
sentence) : 

Critical Area requirements for significant 
development [which has been granted a Buffer 



197 



Ord. 517 



exemption] vary depending on whether the 
development activity is proposed for a water- 
dependent or a non-water-dependent use. 

CAMP DOCUMENT 
Section IV - Offset Programs 

D. MARINA AER.^TIQN MITIGATION OFFSET 
PROGRAM DEVELOPERS/OPERATORS WHO 
CHOOSE TO CONTRIBUTE TO THE MARINA 
AERATION MITIGATION OFFSET PROGRAM ARE 
REQUIRED TO MAKE PAYMENT PRIOR TO THE 
ISSUANCE OF ANY BUILDING OR USE AND 
OCCUPANCY PERMITS FOR THE FACILITY. THE 
AMOUNT OF THE FEE WILL BE BASED ON A 
FORMULA UPDATED AND APPROVED 
PERIODICALLY BY THE BOARD OF ESTIMATES. 

CAMP DOCUMENT 
Section V - Administration 

A. Critical Area Review Process (new paragraph to 
follow paragraph 5) : 

THE DIRECTOR OF PLANNING, IN CONJUNCTION 
WITH OTHER RESPONSIBLE CITY AGENCIES, WILL 
EFFECTUATE PROCEDURES TO ASSURE THAT 
PROPER COMPLL^CE WITH CRITICAL AREA 
REQUIREMENTS OCCURS PRIOR TO ISSUANCE OF 
OCCUPANCY PERMITS. 

H. DOCUMENT CORRECTIONS 

THE DIRECTOR OF PLANNING IS AUTHORIZED TO 
CORRECT ANY TYPOGRAPHICAL ERRORS, 
ELIMINATE REDUNDANT OR EXTRANEOUS 
MATERIAL AND/OR REARRANGE PORTIONS OF 
BALTIMORE CITYS CAMP DOCUMENT FROM TIME 
TO TIME, PROVIDED THAT THE OFFICE OF THE 
CITY SOUCITOR CONCURS THAT ANY SUCH 
CORRECTIONS DO NOT CONSTITUTE CHANGES IN 
THE CnrS ADOPTED PROGRAM WITHIN THE 
INTENT OF TITLE 8, SUBTITLE 18 OF THE 
NATURAL RESOURCES ARTICLE OF THE 



198 



Old. 517 



ANNOTATED CODE OF MARYLAND OR OTHER 
APPLICABLE STATE OR CITY LAWS. 

Appendix A 
II. Baltimore Qty Critical Area Plant and Wildlife 
Habitat 

11. Areas which may in the future be identified 
by State and Federal Agencies as important Plant 
or Wildlife Habitats. 

Since the Qt/s CAMP was originally adopted in 
January, 1988, no state or federal agency has 
designated such an area within the Qt/s Critical 
Area. HOWEVER, IF SUCH AN AREA IS 
DESIGNATED, IT WILL BE INCORPORATED 
INTO THE PROGRAM AS PROVIDED IN COMAR 
27.01.09.040(2) (c). 

Appendix A 
IV. Protection Requirements for Designated HPA's 
(introductory paragraph): 

[In order to protect the Habitat Protection areas 
designated above, any encroachment by 
development or redevelopment and certain uses 
is prohibited, subject to the following conditions.] 

IN ORDER TO PROTECT THE HABITAT 
PROTECTION AREAS DESIGNATED ABOVE, 
ENCROACHMENT BY DEVELOPMENT OR 
REDEVELOPMENT SHALL BE PERMITTED ONLY 
UPON THOSE PORTIONS OF A HABITAT 
PROTECTION AREA WHERE NO SIGNIFICANT 
VEGETATION EXISTS, SUBJECT TO THE 
CONDITIONS SET FORTH BELOW. 

WHEN AN ENCROACHMENT IS PROPOSED FOR 
ANY PORTION OF A DESIGNATED HABITAT 
PROTECTION AREA, THE DIRECTOR OF 
PLANNING SHALL DETERMINE WHETHER 
SIGNinCANT VEGETATION EXISTS IN THAT 
PORTION OF THE HABITAT PROTECTION AREA. 
THE DIRECTOR WILL BASE DETERMINATIONS 



199 



Ord. 517 



CONCERNING THE EXISTENCE OF 
"SIGNIFICANT VEGETATION" ON A REVIEW OF 
THE FOLLOWING: 

(A) HABITAT ASSESSMENT (APPENDICES A-3 
AND A-4) 

(B) FIELD INVESTIGATIONS AND OTHER 
VERIFICATION METHODS DEEMED 
APPROPRL^TE AND NECESSARY BY THE 
DIRECTOR 

(Q CONSULTATION WITH EXPERTS 
INCLUDING THE MARYLAND 
DEPARTMENT OF NATURAL RESOURCES 

THE DIRECTOR'S DETERMINATION WILL 
REASONABLY REFLECT THE INFORMATION 
AND ADVICE PROVIDED BY ITEMS (A) - (Q. 

Appendix A 
IV. Protection Requirements for Designated HPA's 

A. Habitat Protection Areas having significant 
vegetation (second paragraph): 

[In the event that such a restriction would result 
in unwarranted hardship to a property owner 
owing to special features of the site or other 
circumstances, the property owner may appeal 
the decision of the Director of Planning in 
accordance with the provisions set forth in 
Section V.B. of the CAMP.] 

PROVISIONS FOR APPEALS OF 
DETERMINATIONS AND REQUESTS FOR 
VARIANCES ARE PRESENTED IN SECTION V 
AND APPENDDC H OF THE CAMP DOCUMENT. 

App>endix A 
IV. Protection Requirements for Designated HPA's 

B. Habitat Protection Areas having no significant 
vegetation (new paragraph to follow paragraph 
3) 



200 



Ord. 517 



IN DETERMINING WHETHER THE PROPOSED 
DEVELOPMENT WILL ADVERSELY AFFECT THE 
HABITAT PROTECTION AREA, THE DIRECTOR 
SHALL, WHERE APPROPRL\TE, SEEK REVIEW 
AND/OR TECHNICAL EXPERTISE FROM THE 
MARYLAND DEPARTMENT OF NATURAL 
RESOURCES. 

Appendix A 
IV. Protection Requirements for Designated HPA's 

D. Mitigation Plan (first paragraph, second sentence) 

The proposed mitigation plan shall include 
sufficient elements so as to render the larger 
Habitat Protection Area (HP A) substantially 
imaltered with respect to the habitat designated 
for protection AS REQUIRED IN COMAR 
27.01.09.04C(2)(b)(ii) AND 27.01.09.05. 

Appendix B 
VIII. Strategy to Reduce Water Quality Impacts from 
Existing Development 

E. Installation of Aeration Devices (second paragraph, 

first sentence) 

The Department of Planning requires developers 
proposing marinas to [install aeration devices 
beneath their piers] MEET ANY ONE OF THE 
THREE OPTIONS DESCRIBED IN SECTION III in 
order to mitigate dissolved oxygen impacts. 

Appendix B-2 
Runoff Pollution Control Design Methodology (fourth 
paragraph) 

[The Critical Area Commission has directed a 
consultant to formulate a methodology to assist in 
assessing the effectiveness of Best Management 
Practices to meet the Critical Area Criteria. When 
this is completed, the Qty v/ill reassess the 
procedures outlined above.] 



201 



Ord. 518 



Appendix E 
rv. Reconciling Baltimore's Redevelopment Needs 

with Critical Area Requirements 
B. Redevelopment Within the Buifer of Baltimore's 

Critical Area (first paragraph, first sentence) 

Because the Buffer of the Waterfront Revitalization 
Area and the Waterfront Industrial Area are fully 
develop>ed and generally meet the conditions specified 
in COMAR 27.01.09.01(C)(8), the City has received 
approval from the Commission [to allow] FOR 
exemptions from the Buffer requirements in this 
portion of Baltimore's Critical Area. 

Appendix E 
IV. Reconciling Baltimore's Redevelopment Needs 

with Critical Area Requirements 
Conclusions (first sentence) 

THE EXEMPTIONS REQUESTED BY THE CITY WERE 
BASED EQUALLY The [ability to allow] exemptions 
requested by the Qty [was] WERE based equally on 
the need to redevelop along the waterfront for local, 
regional and statewide economic benefits and the 
need to generate actual environmental benefits 
through this redevelopment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 21, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 518 
(Council Bill No. 999) 
AN ORDINANCE concerning 

202 



I 



Ord. 518 



URBAN RENEWAL - MARKET CENTER - 
AMENDMENT NO. 10 

FOR the purpose of amending the Urban Renewal Plan 
for Market Center Urban Renewal Area to, among 
other things (1) authorize the acquisition by purchase 
or by condemnation, of certain properties for urban 
renewal purposes; (2) revise appropriate Exhibits 
attached to the Plan to reflect the changes proposed 
herein; (3) waive such requirements, if any, as to the 
content or procedure for the preparation, adoption 
and approval of renewal plans as set forth in Article 
13 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended) which the Renewal Plan for 
Market Center may not meet; (4) provide for the 
severability of the various parts and applications of 
this ordinance; (5) provide that where the provisions 
of this ordinance shall conflict with any other 
ordinance, code or regulation in force in the Qty of 
Baltimore, the provision which establishes the higher 
standard shall prevail; and (6) provide for an 
effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Market 
Center, formerly known as the Retail District, was first 
approved by the Mayor and Qty Coimcil of Baltimore by 
Ordinance No. 579, dated November 16, 1977 and last 
amended by Ordinance No. 9, dated July 1, 1992; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such 
changes by the Department of Housing and Community 
Development, the approval of such change or changes by 
the Director of the Department of Planning, and approval 
and adoption by ordinance of the Mayor and Qty Council 
of Baltimore after a public hearing in relation thereto, all 
in the manner set forth in said Article 13; and 



203 



Ord. 518 



WHEREAS, Said amended Renewal Plan for Market 
Center has been approved by the Director of the 
Department of Planning with respect to its conformity to 
the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, its 
conformity to the rules and regiilations for subdivisions, 
and its conformity to existing and proposed zoning 
classifications; and the said amended Renewal Plan has 
been approved and reconmiended to the Mayor and Qty 
Council of Baltimore by the Commissioner of the 
Department of Housing and Community Development, 
now; therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Market Center, identified as "Urban 

Renewal Plan for Market Center , revised to include 

Amendment No. 10, dated October 27, 1994", is hereby 
approved and the Qerk of the Qty Council is hereby 
directed to file a copy of said amended Urban Renewal 
Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available 
for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
necessary to acquire, by purchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any 
lesser interest in and to the following properties or 
portions thereof, together v^th all right, title, interest and 
estate that the ov^^er or ovmers of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, both abutting the whole area described and/or 
contained within the perimeter of said area, situate in 
Baltimore Qty, Maryland, and described as follows: 

400 N. Howard Street 
402 N. Howard Street 
408 N. Howard Street 
410 N. Howard Street 
412 N. Howard Street 
414 N. Howard Street 
416 N. Howard Street 
418-420 N. Howard Street 



204 



I 



Ord. 518 



422 N. Howard Street 
424 N. Howard Street 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Real Estate Acquisition Division of the Department of the 
Comptroller, or such person or persons and in such 
manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the 
Baltimore Qty Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the 
Mayor and Qty Council of Baltimore and for purposes 
described in this Ordinance, the fee simple interest or any 
lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate 
Acquisition Division of the Department of the 
Comptroller, or such person or persons, and in such 
manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5, of the 
Baltimore Qty Charter, may hereafter from time to time 
designate is or are unable to agree with the owner or 
owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore Qty, who shall thereupon institute 
in the name of the Mayor and Qty Council of Baltimore 
the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser 
interest in and to said properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
revised Exhibit: Exhibit 2, entitled I^roperty 
Acquisition/Land Disposition/Development Area, dated as 
revised October 27, 1994, is hereby approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the Renewal Plan approved 
hereby for the Market Center Area may not meet the 
requirements for the content of a renewal plan or the 
procedure for the preparation, adoption, and approval of 
renewal plans as provided in Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), the 
said requirements are hereby waived and the amended 
Urban Renewal Plan approved hereby is exempted 
therefrom. 



205 



Ord. 518 



SEC. 6. AND BE IT FURTHER ORDAINED, That in 
the event it be judicially determined that any word, 
phrase, clause, sentence, paragraph, section or part in or 
of this Ordinance, or the application thereof to any person 
or circumstance is invalid, the remaining provisions and 
the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this Ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 
where a provision of this Ordinance is found to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the Qty of Baltimore 
which estabhshes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this Ordinance shall prevail, and the other existing 
provision of such other Ordinance or code or regulation is 
hereby repealed to the extent that it may be found in 
conflict v^th this Ordinance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved March 29, 1995 

KURT L. SCHMOKE, Mayor 



206 



Ord. 519 

CITY OF BALTIMORE 

ORDINANCE NO. 519 

(Council Bill No. 976) 

AN ORDINANCE concerning 

ZONING CODE - DEFINITION - CLASS B BOOK STORES 
X-RATED VIDEOS 

FOR the purpose of including X-rated videos in the 

definition of products sold in Qass B bookstores. 

c 

BY repealing and reordaining with amendments '^ 

Article 30 - Zoning > 

Chapter 13 - Rules and Definitions ^ 

Section 13.0-2-9.a. 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volimae, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Rules and Definitions 

13.0-2 Definitions. 

9. Book and magazine stores and similar 
establishments (Class B): a place of activity the principal 
use of which is to sell, transfer, or disseminate indec e nt 
sexually explicit material including the following: 

a. any picture, photograph, drav^g, sculpture, X- 
RATED VIDEO, or similar visual representation or 
image of a person or px)rtion of the human body 
which depicts nudity, sexual conduct or sado- 



207 



Ord. 520 



masochistic abuse and which is harmful to 
minors, or 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved April 5, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 520 

(Council Bill No. 1064) 

AN ORDINANCE concerning 

CITY PROPERTY-SALE-CERTAIN STREETS 
AND ALLEYS BOUNDED BY 
E. 24TH STREET, N. CHARLES STREET, E. 25TH STREET 
AND ST. PAUL STREET 

FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore to sell, at either public or private 
sale, all of the interest of the Mayor and Qty Council 
of Baltimore in and to certain parcels of land no 
longer needed for highway or other public use and 
known as certain streets and alleys bounded by E. 
24th Street, N. Charles Street, E. 25th Street and St. 
Paul Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore City be and is hereby authorized to sell, at 
either pubUc or private sale, in accordance v^th Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 



208 



I 



Ord. 520 



amended), all of the interest of the Mayor and City 
Council of Baltimore in and to certain parcels of land no 
longer needed for highway or other public use and known 
as (1) Lovegrove Street, extending from E. 24th Street to 
E. Ware Street, (2) Lovegrove Street, extending from E. 
25th Street to E. Ware Street, (3) E. Ware Street, 
extending from N. Charles Street Easterly 300.08 feet and 
(4) a 10 Foot Alley, laid out 90.00 feet north of E. 24th 
Street, and extending from Lovegrove Street Easterly 
75.16 feet, in the Qty of Baltimore, and described as 
follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of north side of 24th Street, 66 feet wide, 
and the west side of Lovegrove Street, 20 feet vdde, said 
point of beginning also being distant North 87° 17' 00" 
East 184.25 feet measured along the north side of said 
24th Street from the east side of Charles Street, 66 feet 
wide, and running thence binding on the north side of 
said 24th Street, North 87'' 17' 00" East 20.00 feet, to 
intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, North 
02° 48' 50" West 294.00 feet, to intersect the south side 
of Ware Street, 20 feet wide; thence binding on the south 
side of said Ware Street, South 87° 17' 00" West 20.00 
feet, to intersect the west side of said Lovegrove Street, 
and thence binding on the west side of said Lovegrove 
Street, South 02° 48' 50" East 294.00 feet to the place of 
beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the south side of 25th Street, 100 feet 
wide, and the west side of Lovegrove Street, 20 feet wide, 
said point of beginning also being distant North 87° 17' 
00" East 184.46 feet measured along the south side of 
said 25th Street from the east side of Charles Street, 66 
feet wide, and running thence binding on the south side 
of said 25th Street, North 87° 17' 00" East 20.00 feet to 
intersect the east side of said Lovegrove Street; thence 
binding on the east side of said Lovegrove Street, South 
02° 52' 11" East 150.00 feet, to intersect the north side of 
Ware Street, 20 feet wide; thence binding on the north 
side of said Ware Street, South 87° 17' 00" West 20.00 



209 



Ord. 520 



feet, to intersect the west side of said Lovegrove Street, 
and thence binding on the west side of said Lovegrove 
Street, North 02° 52' 11" West 150.00 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the east side of Charles Street, 66 feet 
wide, and the south side of Ware Street, 20 feet wide, 
and running thence binding on the south side of Ware 
Street, North 87° 17' 00" East 300.08 feet, to intersect the 
west side of an alley, 5 feet wide, laid out in the rear of 
the properties known as Nos. 2426 thru 2430 St. Paul 
Street; thence binding on the line of the west side of said 
5 Foot Alley, if projected northerly, North 02° 50' 12" 
West 20.00 feet, to intersect the north side of said Ware 
Street; thence binding on the north side of said Ware 
Street, South 87° 17' 00" West 300.07 feet, to intersect 
the east side of said Qiarles Street, and thence binding on 
the east side of said Charles Street, South 02° 48' 50" East 
20.00 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the east side of Lovegrove Street, 20 feet 
wide, and the south side of an alley, 10 feet wide, laid 
out in the rear of the properties known as Nos. 12 thru 
20 E. 24th Street, said point of beginning also being 
distant North 02° 48' 50" West 90.00 feet measured along 
the east side of 24th Street, 66 feet wide, and running 
thence binding on the east side of said Lovegrove Street, 
North 02° 48' 50" West 10.00 feet to intersect the north 
side of said 10 Foot Alley; thence binding on the north 
side of said 10 Foot Alley, North 87° 17' 00" East 75.16 
feet to intersect the line of the west outline of the 
property knovsnn as No. 22 E. 24th Street, if projected 
northerly; thence binding reversely on the last said line, 
so projected, South 02° 48' 50" East 10.00 feet to 
intersect the south side of said 10 Foot Alley, and thence 
binding on the south side of said 10 Foot Alley, South 87° 
17' 00" West 75.16 feet to the place of beginning. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 



210 



Ord. 521 



Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED,That no 
deed or deeds shall pass in accordance herewith until 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved April 5, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 521 

(Council Bill No. 1065) 

AN ORDINANCE concerning 

CITY PROPERTY - A 10 FOOT ALLEY NEEDED FOR THE 

SAFEWAY PROJECT LOCATED AT CHARLES STREET 

AND 24TH STREET 

FOR the purpose of authorizing the acquisition by 
purchase or condenmation by the Mayor and City 
Council of Baltimore of all right, title and interests or 
such other interests as the Director of Public Works 
may deem necessary or sufficient, in and to the 10 
Foot Alley, laid out in the rear of the properties 
known as Nos. 12 thru 20 E. 24th Street, situate in 
Baltimore Qty, needed for the Safeway Project 
located at Charles Street and 24th Street; the location 
and course of said 10 Foot Alley being shown on a 
plat thereof numbered 349-A-8 prepared by the 
Survey Control Section and filed in the office of the 
Director of the Department of Public Works on the 
Twenty-Second (22nd) day of November, 1994. 

BY authority of 

Article I - General Provisions 
Section - 4 



211 



Ord. 521 



Article II - General Provisions 

Section - 2 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That it is necessary to 
acquire by purchase or by condemnation all right, title 
and interest in and to the 10 Foot Alley needed for the 
Safeway Project located at Charles Street and 24th Street, 
the right, tide and interest or other such interests as the 
Director of Public Works may deem necessary or sufficient 
in and to the 10 Foot Alley, situate in Baltimore Qty, 
State of Maryland, and described as follows: 

Beginning for the 10 Foot Alley at the point formed 
by the intersection of the east side of Lovegrove Street, 20 
feet wide, and the south side of an alley, 10 feet wide, 
laid out in the rear of the properties known as Nos. 12 
thru 20 E. 24th Street, said point of beginning also being 
distant North 02'' 48' 50" West 90.00 feet measured along 
the east side of said Lovegrove Street from the north side 
of 24th Street, 66 feet wide, and running thence binding 
on the east side of said Lovegrove Street, North 02** 48' 
50" West 10.00 feet to intersect the north side of said 10 
Foot Alley; thence binding on the north side of said 10 
Foot Alley, North 87** 17' 00" East 75.16 feet to intersect 
the line of the west outline of the property knov^m as No. 
22 E. 24th Street, if projected northerly; thence binding 
reversely on the last said line, so projected. South 02*^ 48' 
50" East 10.00 feet to intersect the south side of said 10 
Foot Alley, and thence binding on the south side of said 
10 Foot Alley, South 87° 17' 00" West 75.16 feet to the 
place of beginning. 

All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The location and course of said 10 Foot Alley needed 
for the Safeway Project located at Charles Street and 24th 
Street being shown on a plat thereof numbered 349-A-8 
prepared by the Survey Control Section and filed in the 



212 



I 



Ord. 521 



Office of the Director of the Department of Public Works 
on the Twenty-Second (22nd) day of November, 1994. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Department of Real Estate of Baltimore Qty, or such 
other person or agency as the Board of Estimates may 
hereafter from time to time designate, is hereby 
authorized to negotiate and acquire on behalf of the 
Mayor and Qty Coimcil of Baltimore, and for the 
purposes described in this ordinance, all right, tide and 
interest or such other interests as may be deemed 
necessary or sufficient in and to said 10 Foot Alley. If said 
Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under 
the authority of Section 5(a) Article V of the Baltimore 
Qty Qiarter (1964 Revision, as amended) is or are 
unable to agree with the owner or owners on the 
purchase price of all right, title and interest in and to said 
10 Foot Alley, it or they shall forthwith notify the Qty 
Solicitor of Baltimore Qty the necessary legal proceedings 
to acquire by condemnation all right, title and interest or 
such other interests as may be deemed necessary or 
sufficient in and to said 10 Foot Alley, herein described. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
proceedings for the acquisition by condemnation of all 
right, tide and interest herein described and the rights of 
all parties interested or affected thereby shall be regulated 
by and be in accordance with the provisions of the Real 
Property Article of the Annotated Code of Maryland 
(1974), Tide 12; Section 101 Et Seq. and any and all 
amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved April 11, 1995 

KURT L. SCHMOKE, Mayor 



213 



Ord. 522 

CITY OF BALTIMORE 

ORDINANCE NO. 522 

(Council Bill No. 1061) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - KIRSCH COURT 

FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore to sell, at either public or private 
sale, all of the interest of the Mayor and City Council 
of Baltimore in and to a certain parcel of land no 
longer needed for highway or other public use and 
known as Kirsch Court. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore City be and she is hereby authorized to sell, at 
either public of private sale, in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to a certain parcel of land no 
longer needed for highway or other public use and known 
as Kirsch Court, in the Qty of Baltimore, and described as 
follows: 

Beginning for the same at a point on the south side 
of Madison Street, 66 feet wide, said point being distant 
easterly 155 feet, more or less, from the intersection of 
the east side of Greenmount Avenue, 60 feet wide, and 
the south side of said Madison Street, said point also 
being the intersection of the west side of Kirsch Court, 12 
feet wide, and the south side of said Madison Street and 
running thence binding on the south side of said Madison 
Street, Easterly 12 feet, more or less, to intersect the east 
side of said Kirsch Court; thence binding on the east side 



214 



Ord. 523 



of said Kirsch Court, Southerly 87 feet, more or less, to 
the end thereof; thence binding on the southernmost 
extremity of said Kirsch Court, Westerly 12 feet to 
intersect the west side of said IQrsch Court and thence 
binding on the west side of said Kirsch Court, Northerly 
85 feet, more or less, to the place of beginning. 

Subject to a full width Perpetual Easement for 
Municipal Utilities and Services over the entire 
hereinabove described parcel of land. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deeds shall pass in accordance herewith until the same 
shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 523 

(Council Bill No. 1067) 

AN ORDINANCE concerning 

URBAN RENEWAL - REISTERSTOWN PLAZA TRANSIT 
STATION - AMENDMENT NO. 2 

FOR the purpose of amending the Urban Renewal Plan 
for Reisterstown Plaza Transit Station to (1) 
authorize certain conmiunications transmission 
installations when they do not extend higher than a 
certain distance above the building on which they are 
mounted and are not freestanding in the area; (2) 
waive such requirements, if any, as to content or 



215 



Ord. 523 



procedure for the preparation, adoption, and 
approval of renewal plans as set forth in Article 13 of 
the Baltimore Qty Code which the amended Plan 
may not meet; (3) provide for the severability of the 
various parts and provisions of this ordinance; (4) 
provide that where the provisions of this ordinance 
shall conflict with any other ordinance in force in the 
Qty of Baltimore, the provision which establishes the 
higher standard shall prevail; and (5) provide for an 
effective date hereof. 

WHEREAS, The Urban Renewal Plan for Reisterstown 
Plaza Transit Station was originally approved by the 
Mayor and Qty Q)uncil of Baltimore by Ordinance No. 
392, approved July 2, 1981, and last amended by 
Ordinance No. 690, approved June 25, 1982; and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for Reisterstown Plaza Transit Station in 
order to authorize certain communications transmission 
installations when they do not extend higher than 25 feet 
above the building on which they are mounted and they 
are not freestanding; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan; and 

WHEREAS, In accordance with the provisions of 
Section 25(h) of said Article 13, when a Councilmember 
initiates an amendment to an existing renewal plan, such 
bill shall be sent to the Department of Housing and 
Community Development and to the Planning 
Commission for recommendation and report; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Reisterstown Plaza Transit Station, 



216 



Ord. 523 



identified as "Urban Renewal Plan, Reisterstown Plaza 
Transit Station Urban Renewal Area, revised to include 
Amendment No. 2, dated January 23, 1995", having been 
duly reviewed and considered, is hereby approved and the 
Qerk of the Qty Council is hereby directed to file a copy 
of said amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent 
public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
following changes in the plan are hereby approved: 

On pag e 7 of the Urban R e newal Plan in 
Section B.l j. e ntitled "Industrial W be amondod 
ac followc (capital l e tt e rs indicatec added 
mat e rial) : 

^. Industrial "A" 

In th e area designat e d Industrial "A" on th e 
Land Us e Plan only those uses allowed in th e 
M 1 cat e gor>^ of th e Zoning Ordinanc e of 
Baltimore Gt^i- shall b e p e rmitted; e xc e pt that 
th e following us e s shall not b e p e rmitt e d f 
acc e ssor)^ or non acc e ssory radio and 
t e levision antennas wh e n fr e e standing or 
when they extend higher than 35 feet abov e 
the building on which th e y ar e mount e d, as 
well as the following public utilit>'" us e : 
antenna towers and microwave r e lay tow e rs 
and installations for communications 
transmission or r e c e iving, BUT ANTENNA 
TOWERS FOR COMMU^^GATIONS 

TPu^^JSMISSIONS sil^ll be permitt ^ 

U^?LESS THEY ARE FPJ£ STA>n)I>JG OR 
UNLESS THEY EXTE^JD HIGHER THAN 25 
FEET MOVE THE BUILDI^JG ON WHICH 
THEY ARE MOU>rrED; atomic reactors; 
Community Corr e ction C e nt e rs; contractor 
and construction shops; drug abus e 
r e habilitation and tr e atm e nt cent e rs; 
e xtraction of gravel, sand, or oth e r raw 
mat e rials; flammable liquids — 



217 



Ord. 523 



manufacturing and storag e — e xc e pt as an 
Ordinanc e of Baltimor e Cit)^; gas e s^ non 
combustibl e and non toxic — manufacturing 
and storag e — e xc e pt as an acc e ssory us e as 
defined in Section 13.0 2 of th e Zoning 
Ordinanc e of Baltimor e City; ov e rh e ad power 
transmission lines; rubber products, 
manufactur e d or proc e ssed from pr e viously 
pr e par e d mat e rials. 

On page 6, Section B.l.d. of the Urban 
Renewal Plan, enritled "Office-Residential 
'A\" be amended as follows: 

d. Office-Residential "A" 

In the areas desi5?nated Office-Residential "A" 
on the Land Use Plan Map, only those uses 
rallowedl SPECIFIED in the Office- 
Residential category of the Zoning Ordinance 
of Baltimore City shall be [permittedl 
AUTHORIZED IN ACCORDANCE WITH THE 
PROVISIONS OF SAID ZONING 
ORDINANCE; except that the following uses 
shall not be permitted: THE PUBLIC UTHJTY 
USES OF antenna towers and microwave 
relay towers and installations for 
communications transmission or receiving 
WHEN FREE-STANDING OR WHEN THEY 
EXTEND HIGHER THAN 15 FEET ABOVE 
THE BUILDING ON WHICH THEY ARE 
MOUNTED; churches, temples and 
synagogues; Community Correction Centers; 
convents, seminaries, and monasteries; drug 
abuse rehabilitation and treatment centers; 
fraternity and sorority houses; hospitals; non- 
profit clubs and lodges; non-profit homes for 
the rehabilitation of non-bedridden alcoholic 
persons and for the care and custody of 
homeless persons; Parole and Probation Field 
Offices; repeater, transformer, pumping, 
booster, switching, conditioning, regulating 
stations, and other such installations ; 



218 



Ord. 523 



rooming and boarding houses for three or 
more roomers. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby for Reisterstown Plaza 
Transit Station may not meet the requirements as to the 
content of a renewal plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as 
provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Urban Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are foimd to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the Qty of Baltimore 
which establishes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is 



219 



Ord. 524 



hereby repealed to the extent that it may be found in 
conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 524 

(Council BUI No. 954) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - BETTY HYATT PARK 

FOR the purpose of naming the playground located in the 
1700 block of East Baltimore Street the Betty Hyatt 
Park 

BY Authority of 

Article 1 - Mayor, City Council, and Municipal 

Agencies 
Subtitle - Naming Qty Property 
Section 229 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of the 
playground located in the 1700 block of East Baltimore 
Street be and it is hereby named the Bett>^ Hyatt Park. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved May 10, 1995 

KURT L. SCHMOKE, Mayor 



220 



Ord. 525 



CITY OF BALTIMORE 
ORDINANCE NO. 525 

(Council Bill No. 929) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS 

FOR the purpose of providing a minimum annual special 
death pension benefit (line of duty death benefit) in 
the Fire and Police Employees' Retirement System, 
which shall be the lower of $15,000 or the equivalent 
Jime 30, 1994, salary for an active employee in the 
same class, grade, etc. as the member at the time of 
the member's death; and for the purpose of providing 
a nmiimum annual accidental death pension benefit 
(line of duty death benefit) in the Employees' 
Retirement System, which shall be the lower of 
$10,000 or the equivalent June 30, 1994, salary for 
an active employee in the same class, grade, etc. as 
the member at the time of the member's death. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 6(i), 9(o) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees' Retirement 

System 
Section 34(i) 
Baltimore City Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 



221 



Ord. 525 



amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

6. Benefits. 

(i) Accidental death benefit. 

(1) Upon the receipt of proper proofs of the 
death of a Gass A or Gass B member by the Board of 
Trustees, tliere shall be paid to the member's designated 
beneficiary or to his estate, subject to the provisions of 
subsection (i) (5) , the amount of his accumulated 
contributions; and if, upon the receipt of evidence and 
proofs satisfactory to the Board of Trustees that such 
death was the result of injuries sustained in the line of 
duty or was directly attributable to the inherent hazards 
of the duties performed by such employee, and the Board 
of Trustees shall decide that the death was not caused by 
willful negligence on the part of the member, there shall 
be paid in lieu of the ordinary death benefit provided for 
in Section 6(h), a pension of one hundred per centum 
(100%) of the current annual eamable compensation of 
such member; 

(2) To the spouse, provided that such spouse has 
not entered into a voluntary separation agreement 
renouncing his or her rights of inheritance, to continue 
during his or her widowhood; and 

(3) If there be no surviving spouse, or if the 
surviving spouse has entered into a voluntary separation 
agreement renouncing his or her rights of inheritance, or 
if such surviving spouse dies or remarries before the 
youngest child of such deceased member shall have 
attained the age of eighteen (18) years, or in the event 
said child is a full time student, until he shall have 
attained the age of twenty-two (22) years, then to such 
child or children under said age, divided annually in 
equal shares, to continue as a joint and survivorship 



222 



I 



Ord. 525 



pension for the benefit of the child or children under said 
age, such full pension to be paid until every child dies or 
attains said age; or 

(4) If there be no eligible surviving spouse or 
child under the age of eighteen (18) years or twenty- two 
(22) years as provided for in Section (i)(3) hereinabove, 
surviving such deceased member, then to the deceased 
member's dependent father and/or mother, divided in 
equal shares, or to continue to the survivor. 

(5) If no beneficiary has been designated, and if 
a member dies intestate and without heirs, then the 
amounts which would have been paid out under the 
provisions of subsection (h) or (i) shall remain part of the 
funds of the system and shall be credited to such accoimts 
as the Board of Trustees may direct. 

(6) Any Qass A or Qass B member who retires 
and dies within thirty (30) days after the effective date of 
his retirement, and who has been granted a retirement 
allowance of maximum benefits either for accidental 
disability, or who has elected to receive one of the several 
optional retirement allowances available in lieu thereof, 
shall be considered as a member's dying in active service, 
and the ordinary death benefits provided for in Section 
6(h) shall be paid as therein provided. However, if such 
member's death is the result of accidental injury sustained 
in the line of duty or was directly attributable to the 
inherent hazards of the duties performed by such 
employee, and the Board of Trustees shall determine that 
the death was not caused by willful negligence on the 
part of the member, then there shall be paid in lieu of the 
ordinary death benefit provided for in Section 6(h), the 
accidental death benefit as provided for in Section 6(i), 
subject to the conditions therein. 

(7) Any service retirement allowance payments 
made to any retired Class A or Qass B member who dies 
within thirty (30) days after his effective date of 
retirement, shall be offset against any accidental death 
benefits payable under the provisions of this subsection. 



223 



Ord. 525 



(8) Pensions offset by compensation benefits. 
Any amounts whicli may be paid or payable by the Qty of 
Baltimore under the provisions of any workmen's 
compensation or similar law to a Qass A or Qass B 
member or to the dependents of a Gass A or Qass B 
member on account of any disability or death shall be 
offset against and payable, in lieu of, any benefits payable 
out of funds provided by the Qty of Baltimore under the 
provisions of this subtitle on account of the same 
disability or death. In case the present value of the total 
commuted benefits under said workmen's compensation 
or similar law is less than the pension reserve on the 
benefits otherwise payable from funds provided by the 
Qty of Baltimore under this subtitle then the present 
value of the commuted payments shall be deducted from 
the pension reserve and such benefits as may be provided 
by the pension reserve so reduced shall be payable under 
the provisions of this subtitle. 

(9) MINIMUM ACCIDENTAL DEATH PENSION 
BENEFIT AT JUNE 30, 1994. NOTWITHSTANDING 
ANYTHING TO THE CONTRARY, EFFECTI\nE JUNE 30, 
:^^94, THE AMOUNT OF THE ACCIDENTAL DEATH 
PENSION BENEFIT PAYABLE IN ACCORDANCE WITH 
SECTION 6(1) (1) ABOVE SHALL BE INCREASED FOR 
THOSE BENEFICIARIES RECEIVING LESS THAN $10,000 
ANNUALLY ON JUNE 30, 1994, TO NO LESS THAN THE 
LOWER OF: (A) AN ANNUAL BENEFIT OF $10,000; OR 
(B) AN ANNUAL BENEFIT EQUIVALENT TO THE JUNE 
30, 1994, SALARY FOR AN ACTIVE MEMBER IN THE 
SAME CLASS, GRADE, LEVEL, AND LONGEVITY, ETC., 
AS THE MEMBER AT THE TIME OF TFIE MEMBER'S 
DEATH. FOR PURPOSES OF THIS G^LCUL^TION IN NO 
EVENT SHOULD A BENEFICL^RY RECEIVE LESS THAN 
THE AMOUNT HE WAS RECEIVING ON JUNE 30, 1994 
AS A RESULT OF THIS PROVISION. AS A BASIS FOR 
THIS MINIMUM PENSION BENEFIT COMPUTATION , 
THIS PENSION BENEFIT SHALL INCLUDE ANY 
VARIABLE BE^JEFITS POST RETIREMENT BENEFIT 
INCREASES PAID AS OF JUNE 30, 1994. IN ADDITION, 
ANY BENEFICIARY RECEIVING AN INCREASED 
MINIMUM PENSION IN 1994 AS A RESULT OF THIS 
ORDINANCE SHALL HAVE HIS JANUARY, 1995 POST 



224 



I 



Ord. 525 



RETIREMENT BENEFIT INCREASE, IF ELIGIBLE UNDER 
SECTION 17 OF THIS ARTICLE. CALCULATED AS 
THOUGH THE BENEFICL^RY HAD RECEIVED THIS 
INCREASED MINIMUM PENSION BENEFIT ON JUNE 30, 
1994. 

THE PROVISIONS OF THE ABOVE PARAGRAPH 
SHALL APPLY ONLY TO THOSE ACCIDENTAL DEATH 
PENSION BENEFITS BEING PAID AS OF THE DATE OF 
ENACTMENT OF THIS ORDINANCE. ANY INCREASE IN 
BENEFITS SHALL BE PAID PROSPECTIVELY BEGINNING 
WITH THE FIRST FULL PAY PERIOD AFTER THE DATE 
OF ENACTMENT OF THIS ORDINANCE. 
FURTHERMORE, VARIABLE BENEFITS, IF ANY, ANY 
POST RETIREMENT BENEFIT INCREASES PAID PRIOR 
TO JUNE 30, 1994, SHALL NOT BE CHANGED DUE TO 
ANY INCREASE IN BENEFITS PAYABLE AS A RESULT OF 
THIS ORDINANCE. 

9. Qass C membersliip. 

(o) Death benefits. Upon the death of a Qass C 
member in service who had not retired or terminated 
employment with the City, there shall be a death benefit 
payable in accordance with the following: 

(1) Accidental death benefit. Upon the receipt of 
evidence and proof satisfactory to the hearing examiner 
as provided in Section 9(p) that the death of a member 
was the direct result of bodily injury through accidental 
means independent of the odier causes and independent 
of any pre-existing physical or medical conditions, job 
related or otherwise, occurring while in the actual 
performance of duty, and the hearing examiner shall 
decide that the death was not caused by v^fiil 
negligence on the part of the member, there shall be paid, 
in lieu of the ordinary death benefit provided in Section 
9(o), a pension equal to one hundred percent (100%) of 
the Current Annual Eamable Compensation of the 
deceased member: 

(i) to the surviving spouse, provided that 
such spouse had not entered into a voluntary separation 



225 



Ord. 525 



agreement renouncing his or her rights of inheritance and 
provided that the member had not designated his child or 
children as his beneficiary, to continue during his or her 
widowhood; and 

(ii) If there be no surviving spouse, or if the 
surviving spouse had entered into a volimtary separation 
agreement renouncing his or her rights of inheritance, or 
if there is a surviving spouse and the member had 
designated his child or children as his beneficiary, or if 
such surviving spouse dies or remarries before the 
youngest child of such deceased member shall have 
attained the age of eighteen (18) years, or in the event 
said child is a full-time student, until he shall have 
attained the age of twenty-two (22) years, then to such 
child or children under said age, divided annually in 
equal shares, to continue as a joint and survivorship 
pension for the benefit of the child or children under said 
age, such full pension to be paid until every child dies or 
attains said age; or 

(iii) If there be no eligible surviving spouse 
or child under the age of eighteen (18) years or twenty- 
two (22) years, as provided for in Section 9(o)(l)(ii) 
hereinabove, surviving such deceased member, then to 
the deceased member's father and/or mother, divided in 
equal shares, or to continue to the survivor. 

(IV) MINIMUM ACCIDENTAL DEATH 
PENSION BENEFIT AT JUNE 30, 1994. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY, 
EFFECTI\^ JUNE 30, 199^, THE AMOUNT OF THE 
ACCIDENTAL DEATH PENSION BENEFIT PAYABLE IN 
ACCORDANCE WITH SECTION 9(0) (1) ABOVE SHALL 
BE INCREASED FOR THOSE BENEFICL\RIES RECEIVING 
LESS THAN $10,000 ANNUALLY ON JUNE 30. 1994, TO 
NO LESS THAN THE LOWER OF: (A) AN ANNUAL 
BENEFIT OF $10,000; OR (B) AN ANNUAL BENEFIT 
EQUIVALENT TO THE JUNE 30, 1994, SALARY FOR AN 
ACTIVE MEMBER IN THE SAME CLASS, GRADE, LEVEL, 
AND LONGEVITY, ETC., AS THE MEMBER AT THE TIME 
OF THE MEMBER'S DEATH. FOR PURPOSES OF THIS 
Gx\LCULu^TIQN IN NO EVENT SHOULD A BENEFICIARY 



226 



Ord. 525 



RECEIVE LESS THAN THE AMOUNT HE WAS RECEA/ONG 
ON JUNE 30, 1994 AS A RESULT OF THIS PROVISION. 
AS A BASIS FOR THIS MINIMUM PENSION BENEFIT 
COMPUTATION, THIS PENSION BENEFIT SHALL 
INCLUDE ANY VARL/VBLE BENEFITS POST RETIREMENT 
BENEFIT INCREASES PAID AS OF JUNE 30, 1994. IN 
ADDITION, ANY BENEFICL^Y RECEIVING AN 
INCREASED MINIMUM PENSION IN 1994 AS A RESULT 
OF THIS ORDINANCE SHALL HAVE HIS JANUARY, 1995 
POST RETIREMENT BENEFIT INCREASE, IF ELIGIBLE 
UNDER SECTION 17 OF THIS ARTICLE, CALCULATED 
AS THOUGH THE BENEFICL^RY HAD RECEIVED THIS 
INCREASED MINIMUM PENSION BENEFIT ON JUNE 30, 
1994. 

THE PROVISIONS OF THE ABOVE 
PARAGRAPH SHALL APPLY ONLY TO THOSE 
ACCIDENTAL DEATH PENSION BENEFITS BEING PAID 
AS OF THE DATE OF ENACTMENT OF THIS 
ORDINANCE. ANY INCREASE IN BENEFITS SHALL BE 
PAID PROSPECTIVELY BEGINNING WITH THE FIRST 
FULL PAY PERIOD AFTER THE DATE OF ENACTMENT 
OF THIS ORDINANCE. FURTHERMORE, VAPJx^LE 
BENEFITS, IF ANY, ANY POST RETIREMENT BENEFIT 
INCREASES PAID PRIOR TO JUNE 30, 1994, SHALL NOT 
BE CHANGED DUE TO ANY INCREASE IN BENEFITS 
PAYABLE AS A RESULT OF THIS ORDINANCE, 

Fire and Police Employees' Retirement System 

34. Benefits. 

(i) Special death benefit. Upon receipt of 
proper proof of the death of a member in service arising 
out of and in the course of the actual performance of 
duty, without willful negHgence on his part, and upon 
determination by the hearing examiner as provided for in 
Section 33 fl) that such death so occurred, there shall be 
paid: 

(1) To such person as he shall have nominated 
by written designation duly executed and filed with the 
Board of Trustees, otherwise to his estate, his 



227 



Ord. 525 



accumulated contributions; and in addition thereto, a 
pension of one hundred per centum of the current 
compensation of such employee; in the event a sp)edal 
death benefit is payable and the death occurred as the 
result of an injury sustained while the member was 
assigned to duties in a higher classification than his 
regular classification, then the current compensation upon 
which the pension is based shall be the maximum rate of 
pay in the classification in which the member was 
performing duties at the time of the injury causing his 
death. Provided further, that the provisions hereof shall 
not apply in any case where the death occurred as the 
result of an injury sustained prior to July 1, 1971. 

(2) To his widow to continue during her 
widowhood; or 

(3) If there be no such widow, or if the widow 
dies or remarries before the youngest unmarried child of 
said deceased member shall have either attained the age 
of eighteen (18) years or, in the event said child is a full- 
time student, until he shall have attained the age of 
twenty-two (22) years, then to such child or children, 
divided in such manner as the Board of Trustees in its 
discretion shall determine, to continue for the benefit of 
such child or children until the last child marries, dies or 
either attains the age of eighteen (18) years, or in the 
event he is a full-time student, attains the age of twenty- 
two (22) years; or 

(4) If there be no widow or child imder the ages 
of eighteen (18) or twenty-two (22) years as provided for 
in subsection (i)(3), immediately preceding, surviving 
such deceased member, then to his dependent father or 
dependent mother, as the deceased member shall have 
nominated by written designation, duly acknowledged 
and filed with the Board of Trustees, or if there be no 
such nomination, then to his dependent father or to his 
dependent mother as the Board of Trustees in its 
discretion shall direct, to continue for life; or 

(5) If no beneficiary has been designated, and if 
a member dies intestate and without heirs, then tiie 



228 



Ord. 525 



amounts which would have been paid out under the 
provisions of paragraphs (h) or (i) shall remain part of 
the funds of the system, and shall be credited to such 
accounts as the Board of Trustees may direct. 

(6) In the event a member who has been retired 
pursuant to the provisions of subsection (e) hereof, 
entided "special disability benefit," and who has elected to 
receive maximum benefits without optional modification, 
dies within five years from the date of his special 
disability retirement as a result of the last injury that 
caused or contributed to said retirement, he shall be 
deemed, for the purposes of this subsection, to have died 
as a member in service and his beneficiary or beneficiaries 
to the extent that they are eligible under the provisions of 
this subsection (i), shall be entitled to the special death 
benefits herein provided. Any annuity payments which 
were made to the deceased member during his retirement 
shall be offset against the amount of his accumulated 
contributions at the time of his retirement and if a 
pension is payable, it shall be based upon the rate of 
compensation for the grade and step of the member at 
the time of his retirement, plus any longevity payments he 
was then entitled to receive. The benefits provided by 
this subsection (i) shall, in addition, be available to the 
eligible beneficiary of any member who was awarded a 
special disability benefit after December 31, 1968 who 
elected to receive maximum benefits without optional 
modification, and who died prior to July 1, 1973 as a 
result of the last injury which caused or contributed to his 
retirement; provided, however, that said beneficiary shall 
make application for this benefit to the Board of Trustees 
prior to September 1, 1973; and provided further that the 
benefits payable hereunder shall not apply with respect to 
any period prior to July 1, 1973. 

(7) MINIMUM ACCIDENTAL DEATH PENSION 
BENEFIT AT JUNE 30, 1994. NOTWITHSTANDING 
ANYTHING TO THE CONTRARY, EFFECTIVE JUNE 30, 
^99A^ THE AMOUNT OF THE SPECIAL DEATH PENSION 
BENEFIT PAYABLE IN ACCORDANCE WITH SECTION 
34(D (1) ABOVE SHALL BE INCREASED FOR THOSE 
BENEFICL^IES RECEIVING LESS THAN $15,000 



229 



Ord. 525 



ANNUALLY ON JUNE 30, 1994, TO NO LESS THAN THE 
LOWER OF: (A) AN ANNUAL BENEFIT OF $15,000; OR 
(B) AN ANNUAL BENEFIT EQUIVALENT TO THE JUNE 
30, 1994, SALARY FOR AN ACTIVE MEMBER IN THE 
SAME CLASS, GRADE, LEVEL, AND LONGEVITY, ETC, 
AS THE MEMBER AT THE TIME OF THE MEMBER'S 
DEATH. FOR PURPOSES OF THIS CALCULATION IN NO 
EVENT SHOULD A BENEFICLARY RECEIVE LESS THAN 
THE AMOUNT HE WAS RECEIVING ON JUNE 30, 1994 
AS A RESULT OF THIS PROVISION. AS A BASIS FOR 
THIS MINIMUM PENSION BENEFIT COMPUTATION, 
THIS PENSION BENEFIT SHALL INCLUDE ANY 
V.APcLABLE BENEFITS POST RETIREMENT BENEFIT 
INCREASES PAID AS OF JUNE 30, 1994. IN ADDITION, 
ANY BENEFICLARY RECEIVING AN INCREASED 
MINIMUM PENSION IN 1994 AS A RESULT OF THIS 
ORDINANCE SHALL HAVE HIS JANUARY, 1995 POST 
RETIREMENT BENEFIT INCREASE, IF ELIGIBLE UNDER 
SECTION 17 OF THIS ARTICLE, CALCULATED AS 
THOUGH THE BENEFICIARY HAD RECEIVED THIS 
INCREASED MINIMUM PENSION BENEFIT ON JUNE 30, 
1994. 

THE PROVISIONS OF THE ABOVE PARAGRAPH 
SHALL APPLY ONLY TO THOSE SPECLU DEATH 
PENSION BENEFITS BEING PAID AS OF THE DATE OF 
ENACTMENT OF THIS ORDINANCE. ANY INCREASE IN 
BENEFITS SHALL BE PAID PROSPECTIVELY BEGINNING 
WTTH THE FIRST FULL PAY PERIOD AFTER THE DATE 
OF ENACTMENT OF THIS ORDINANCE. 
FURTHERMORE, VARLABLE BENEFITS, IF A^?Y, ANY 
POST RETIREMENT BENEFIT INCREASES PAID PRIOR 
TO JUNE 30, 1994, SHALL NOT BE CHANGED DUE TO 
ANY INCREASE IN BENEFITS PAYABLE AS A RESULT OF 
THIS ORDINANCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 18, 1995 

KURT L. SCHMOKE, Mayor 



230 



Ord. 526 



CITY OF BALTIMORE 

ORDINANCE NO. 526 

(Council Bill No. 1053) 

AN ORDINANCE concerning 

FRANCHISE - UNDERGROUND CONDUIT 
NEAR 3100 WYMAN PARK DRIVE 

FOR the purpose of granting permission and authority to 
The Johns Hopkins University to construct, use and 
maintain underground conduits in the vicinity of 
3100 Wyman Park Drive. 

BY authority of 

Article VIII - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to The Johns Hopkins 
University, their tenants, successors, and assigns, 
hereinafter referred to as the "Grantee" to construct, use, 
and maintain at its own cost and expense, for a period 
not to exceed twenty-five (25) years, underground 
conduits at the following location in the vicinity of 3100 
Wyman Park Drive. 

Approximately eighty (80) feet of two 4-inch 
concrete encased PVC conduits and two 
handboxes installed below grade from the south 
side of the campus to the Wyman Park Building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall pay to the 
Mayor and Qty Coimcil of Baltimore, as compensation for 



231 



Ord. 526 



the franchise or privilege hereby granted, the sum of $460 
per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and 
subject to the increase or decrease of this charge as 
provided in Section 4 herein. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Mayor and City Council of Baltimore hereby expressly 
reserves that right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
thereof. The franchise herein granted shall be held, 
exercised, and enjoyed for a period of one year from the 
effective date of this ordinance, with the further right to 
the Grantee to twenty-four (24) consecutive one year 
renewals of the franchise, each such renewal to be for a 
period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise 
provided herein. Each one year renewal period shall take 
effect immediately upon the expiration of the original or 
renewal term then in force, without any action being 
taken on behalf of either the Mayor and City Council of 
Baltimore or the Grantee, by the total period of time 
during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, 
in the aggregate twenty-five years. Provided, that the 
Mayor and Qty Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
provisions hereof, by giving written notice to that effect to 
the grantee at least 150 days prior to the expiration of the 
original one year term, granted herein, or any yearly 
renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be 
operative as to all yearly renewal terms herein granted 
which become effective after any increase or decrease in 
said franchise charge has occurred. Provided further, that 
either the Mayor and City Council of Baltimore, acting by 
and through the Director of Public Works, or the Grantee 
may terminate the franchise granted herein, by giving 
written notice to that effect to the other, at least ninety 
(90) days prior to the expiration of the original one year 



232 



Ord. 526 



term granted herein or any one year renewal term herein 
granted and then in effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
structiires for which the franchise is herein granted shall 
be maintained in compliance with all applicable laws and 
regulations of Baltimore Qty. The maintenance of the 
structures for which the franchise is herein granted shall 
be under the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control of 
the Commissioner of the Department of Housing and 
Community Development and the Director of the 
Department of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
said Grantee shall maintain the structures for which the 
franchise is herein granted in good condition 
throughout the full term of this grant, so long as they 
exist at the location described herein. In the event the 
said structures for which the franchise is herein granted 
must be readjusted, relocated, protected, or supported to 
accommodate a public improvement, the Grantee shall 
pay all costs in connection therewith. 

SEC. 7. AND BE IT FURTHER ORDAINED, That 
noncompliance by the Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option 
of the Mayor and Qty Coimcil of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordinance of 
the Mayor and Qty Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 

Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in the Mayor's judgment, 
the public interest, welfare, safety, or convenience 
requires such revocation and, upon written notice to that 
effect from the Mayor of Baltimore served upon the 
Grantee hereunder, its successors and assigns, all rights 
under this ordinance shall cease and terminate. 



233 



Ord. 526 



SEC. 9. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, 
remove the structures for which the franchise is herein 
granted in a maimer satisfactory to the Commissioner, 
Department of Housing and Community Development, 
and the Director of Public Works of Baltimore Qty, such 
removal to be made without any compensation to the 
Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in writing by the 
said Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be liable for 
and shall indemnify and save harmless the Mayor and 
City Council of Baltimore against any and all suits, losses, 
costs, claims, damages, or expenses to which the said 
Mayor and Qty Council of Baltimore shall from time to 
time be subjected on account of, or in any way resulting 
from: 

a. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 
removal of the structures for which the franchise is herein 
granted; and 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon it 
or them by the terms and provisions of this ordinance.. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 18, 1995 

KURT L. SCHMOKE, Mayor 



234 



Ord. 527 



CITY OF BALTIMORE 

ORDINANCE NO. 527 

(Council Bill No. 810) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT IN THE PARKING LOT DISTRICT - 

409-419 TYSON STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking are a, subject to a certain condition, 
on the properties known as 409-419 Tyson Street, as 
outlined in red on the plat accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 
Section(s) 9.0-3d and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties known as 409-419 Tyson Street, as outlined in 
red on the plat accompanying this ordinance, under the 
provisions of Section(s) 9.0-3d and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended), Title "Zoning" , subject to the condition that 
the parking lot shall be bordered by a 3 1/2 foot high 
fence along Jones Alley to the north, Inloes Alley to the 
south, and along Tyson Street on either side of the 
entrance . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Coimcil, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 



235 



Ord. 528 



administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 528 

(Council BUI No. 1117) 

AN ORDINANCE concerning 

RESERVED PARKING - 
REDWOOD STREET NEAR SOUTH STREET 

FOR the purpose of repealing Ordinance No. 1067, 
approved October 9, 1987, which provided for 
reserved parking on the north side of Redwood Street 
for the Board of Liquor License Commissioners and 
for the Sheriffs Office vehicles; and providing for 
reserved parking on the north side of Redwood Street 
for the Board of Liquor License Commissioners and 
for the Itahan Consulate. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
1067, approved October 9, 1987, is hereby repealed and 
the authorization for reserved parking on the north side ■ 



236 



Ord. 529 



of Redwood Street for the Board of Liquor License 
Commissioners and the Sheriffs Office therein provided, 
is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That on 
the north side of Redwood Street, from a point 12 feet 
west of South Street to a point 61 feet west of South 
Street, parking is reserved for vehicles of the ItaHan 
Consulate, displaying a permit. 

SEC. 3. AND BE IT FURTHER ORDAINED, That on 
the north side of Redwood Street, from a point 61 feet 
west of South Street to a point 108 feet west of South 
Street, parking is reserved for vehicles of the Board of 
Liquor License Commissioners, displaying a permit. 



SEC. 4. AND BE IT FURTHER ORDAINED, That this ^ 



cr 

ordinance shall take effect on the date of its enactment. 2^ 

Approved June 1, 1995 



KURT L. SCHMOKE, Mayor 






\ 



CITY OF BALTIMORE 

ORDINANCE NO. 529 

(Council Bill No. 1118) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - SHARP STREET 

FOR the purpose of repealing Ordinance No. 796, 
approved October 18, 1991, which provided for 
reserved parking on the east side of Sharp Street 
south of Saratoga Street for the Italian Consulate. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 796, 
approved October 18, 1991, is hereby repealed and the 
authorization for reserved parking on the east side of 



237 



Ord. 530 



Sharp Street south of Saratoga Street for the Italian 
Consulate therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 530 

(Council Bill No. 1119) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - DREW STREET 

FOR the purpose of repealing Ordinance No. 906, 
approved March 27, 1987, which provided for 
reserved handicapped parking on the west side of 
Drew Street south of Bank Street for Mary Burton. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 906, 
approved March 27, 1987, is hereby repealed and the 
authorization for reserved handicapped parking on the 
west side of Drew Street south of Bank Street for Mary 
Burton therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



238 



Ord. 531 

CITY OF BALTIMORE 

ORDINANCE NO. 531 

(Council Bill No. 1120) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - KOSSUTH STREET 

FOR the purpose of repealing Ordinance No. 669, 

approved May 1, 1991, which provided for reserved 
handicapped parking on the east side of Kossuth 
Street north of the 1st alley north of Caton Avenue 
for N. Snead. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 669, 
approved May 1, 1991, is hereby repealed and the 
authorization for reserved handicapped parking on the 
east side of Kossuth Street north of the 1st alley north of 
Caton Avenue for N. Snead therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 532 

(Council Bill No. 1121) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - McHENRY STREET 
FOR the purpose of repealing Ordinance No. 845, 



239 



Ord. 533 



approved December 2, 1991, which provided for 
reserved parking in front of 2225 McHenry Street for 
Thomas E. Armstrong. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 845, 
approved December 2, 1991, is hereby repealed and the 
authorization for reserved parking in front of 2225 
McHenry Street for Thomas E. Armstrong therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 533 

(Council Bill No. 1122) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - 
WRENWOOD AVENUE 

FOR the purpose of repealing Ordinance No. 537, 
approved October 21, 1985, which provided for 
reserved handicapped parking on the west side of 
Wrenwood Avenue north of Willow Avenue for Jesse 
Byrd. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 537, 
approved October 21, 1985, is hereby repealed and tlie 
authorization for reserved handicapp>ed parking on the 
west side of Wrenwood Avenue north of Willow Avenue 
for Jesse Byrd therein pro\ided, is hereby rescinded. 



240 



Old. 534 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 534 

(Council Bill No. 1132) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - KAY BECK-OVERTON FIELD 

FOR the purpose of naming the field adjacent to the Ella 
Bailey Recreation Center at 100 East Heath Street the 
Kay Beck-Overton Field. 

BY authority of 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtide - Naming Qty Property 
Section 229 
Baltimore City Code (1983 Replacement Volimie, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the field located 
adjacent to the Ella Bailey Recreation Center at 100 East 
Heath Street be and it is hereby named the Kay Beck- 
Overton Field. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



241 



Ord. 535 

CITY OF BALTIMORE 

ORDINANCE NO. 535 

(CouncU Bill No. 1137) 

AN ORDINANCE concerning 

REZONING - 801-809 EASTERN AVENUE 

FOR the purpose of changing the zoning for the property 
known as 801-809 Eastern Avenue from the B-2-4 
Zoning District to the M-2-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 56 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 56 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) tide 
"Zoning" be and it is hereby amended by changing from 
the B-2-4 Zoning District to the M-2-2 Zoning District the 
property known as 801-809 Eastern Avenue, as outlined 
in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, die Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 



242 



Ord. 536 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day aft e r th e date 
of its enactment. 

Approved June 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 536 

(Council Bill No. 1037) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
ASHBURTON SQUARE ELDERLY HOUSING RESIDENCE 



FOR the purpose of approving the application of Raynor 

Court Limited Partnership, purchaser of the property ^ 

known as Lots 1 through 28, Ashburton, which £ 

property is bounded generally by Ashburton Street to ^ 

the west, Rayner Avenue to the south, Braddish 2 

Avenue to the east, and Lafayette Street Avenue, ^ 

Jordan Street, and an alley to the north, consisting of "^ 

approximately 5.79 acres, more or less, as outlined in 

the accompanying Exhibit A, "Existing Conditions 

Plan", dated November 21, 1994, Exhibit B, "Proposed 

Site Development Plan", dated November 21, 1994, 

Exhibit C, "Landscape Plan", dated November 21, 

1994, Exhibit D, "Architectural Elevations - North and 

South", dated November 21, 1994, and Exhibit E, 

"Architectural Elevations - East and West", dated 

November 21, 1994, to designate Ashburton Square 

Elderly Housing Residence as a Planned Unit 

Development in accordance with Sections 12.0-1 

through 12.0-6 of Article 30 of the Baltimore Qty 

Code (1983 Replacement Volume, as amended), and 

to approve the Development Plan for Ashburton 

Square Elderly Housing Residence submitted by 

Raynor Court Limited Partnership. 



243 



Ord. 536 



BY authority of 

Article 30 - Zoning 
Sections 12.0-1 through 12.0-6 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, Raynor Court Limited Partnership is the 
Contract Purchaser of the property bounded generally by 
Ashburton Street to the west, Rayner Avenue to the 
south, Braddish Avenue to the east, and Lafayette Stroot 
Avenue, Jordan Street, and an alley to the north, 
consisting of approximately 5.79 acres, more or less; and 

WHEREAS, On November 29, 1994, representatives of 
Raynor Court Limited Partnership met with the duly 
designated officers of the Planning Conmiission of 
Baltimore Qty to hold a Pre-Petition Conference to 
explain the scope and nature of the existing and proposed 
development on the property in order to institute 
proceedings to have the property designated a Planned 
Unit Development; and 

WHEREAS, Together herewith, Raynor Court Limited 
Partnership has formally applied to the Qty Council of 
Baltimore for designation for the property as a Planned 
Unit Development and has submitted the requisite 
Development Plan intended to satisfy requirements 
specified in Sections 12.0-1 through 12.0-6 of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended); and 

WHEREAS, Raynor Court Limited Partnership, in 
requesting the introduction of this bill, signifies its 
intention to implement, execute, substantially complete 
and maintain the development of the property in 
accordance with the Development Plan; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
Raynor Court Limited Partnership, Contract Purchaser of 
the property known as Lots 1 -through 28, Ashburton, 
which property is bounded generally by Ashburton Street 
to the west, Rayner Avenue to the south, Braddish Avenue 



244 



Ord. 536 



to the east, and Lafayette Str ee t Avenue, Jordan Street, 
and an alley to the north, consisting of approximately 
5.79 acres, more or less, as outlined in the accompanying 
Exhibit A, "Existing Conditions Plan", dated November 21, 
1994, Exhibit B, Troposed Site Development Plan", dated 
November 21, 1994, Exhibit C, "Landscape Plan", dated 
November 21, 1994, Exhibit D, "Architectural Elevations - 
North and South", dated November 21, 1994, and Exhibit 
E, "Architectural Elevations - East and West", dated 
November 21, 1994, to designate the Ashburton Square 
Elderly Housing Residence Property as a Planned Unit 
Development in accordance with Sections 12.0-1 through 
12.0-6 of Article 30 of the Baltimore Qty Code (1983 
Replacement Volmne, as amended), be and is hereby 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan submitted by Raynor Court Limited 
Partnership, which Development Plan consists of Exhibit 
A, "Existing Conditions Plan", dated November 21, 1994, 
Exhibit B, "Proposed Site Development Plan", dated 
November 21, 1994, Exhibit C, "Landscape Plan", dated 
November 21, 1994, Exhibit D, "Architectural Elevations - 
North and South", dated November 21, 1994, and Exhibit 
E, "Architectural Elevations - East and West", dated 
November 21, 1994, as attached to and made a part of 
this ordinance, be and is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Development Plan approved hereby may utilize and is 
subject to the following use and bulk regulations and 
limitations: 

1. The following uses shall be permitted within the 
Property: 

Drug stores/pharmacies 

Dwelling units for the elderly - maximum 172 units 

Offices - business and medical, including 

rental/management offices, but not including 
sales and bulk storage of merchandise on the 
premises 



245 



Ord. 536 



The following uses shall be permitted in an interior 
mini-mall having a maximum of 20,000 square 
feet, as shown on the Development Plan: 

Art and school supply stores 

Art needlework shops 

Banks and building and loan associations 

Barber shops 

Beauty shops 

Book and magazine stores and similar 

establishments (Qass A only) 
Candy and ice cream stores 
Qothes pressing establishments 
Drug stores and pharmacies 
Dry cleaning and laundry receiving stations - 

processing done elsewhere 
Florist shops 
Food stores, grocery stores, meat markets, bakeries 

and delicatessens 
Gift and card shops 
Libraries and art galleries 
Offices - business, goveromental and professional, 

but not including sales and bulk storage of 

merchandise on the premises 
Radio and television service 
Shoe and hat repair stores 
Storage of building material and equipment and 

temporary storage for on-site construction 

purposes - for a period not to exceed the 

duration of active construction 
Tailor or dressmaking shops, for custom work or 

repairs 
Telephone exchanges 
Tobacco shops 
Travel bureaus - with a maximum of two 

employees 
Variety stores 
Wearing apparel shops 

The following uses shall be conditional uses within 
the Property, subject to approval by the Board of 
Municipal and Zoning Appeals in accordance with 



246 



Ord. 536 



the provisions of Section 11.0-3c of the Zoning 
Article of the Baltimore Qty Code: 

Day nurseries 

Group day care centers 

Nursery schools 

4. Accessory or auxiliary outdoor sales or storage of 
any product or merchandise shall not be permitted. 

5. No drive-in establishment shall be permitted or 
authorized on the Property. 

6. Pormitted hours of operation of all busin e ss e s 
located within th e Propert)'^ shall b e from 7 a.m. to 
11 p.m. 

Permitted hours of operation of all commercial [ 

businesses shall be from 8:00 a.m. to 9 p.m. » 

Permitted hours of operation for all offices shall be ^ 

from 7:00 a.m. to 11 p.m. fi 

c 

7. All uses authorized by this Section, with the ^ 
exception of the dwelling units for the elderly, shall 2 
occupy a maximum of 26,080 square feet. ^ 

SEC. 4. AND BE IT FURTHER ORDAINED, That 
Rosemont commimity organizations may use community 
space in the Ashburton Square Elderly Residence with 
permission of Raynor Court Limited Partnership. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
exterior and interior premises shall be made secure by use 
of mechanical and electronic security devices, fencing, 
security personnel, and any other such means as is 
required to provide safety of residents and security of 
property. 

SEC. 6. AND BE IT FURTHER ORDAINED, That there 
shall be a Community Advisory Committee comprised of 3 
members designated by the Alliance of Rosemont 
Community Organizations, Inc. and 3 members 
representing the Raynor Court Limited Partnership. The 



247 



Ord. 536 



Committee shall meet at least twice a year to exchange 
points of view and observations pertiiient to the planned 
unit development, provide and compile names of potential 
tenant residents, and provide and compile names of 
persons recommended for potential employment at the 
project. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
applicant wdll implement this ordinance upon the transfer, 
by deed, of the Property from the trustees of the Lutheran 
Hospital, Inc., to Raynor Court Limited Partnership. 

SEC. 4 8. AND BE IT FURTHER ORDAINED, That 
subsequent to the passage of this ordinance by the Qty 
Council, all changes in the approved Development Plan 
for Ashburton Square Elderly Housing Residence shall be 
reviewed and approved by the Planning Commission for 
insurance that such changes are consistent with this 
ordinance. 

The Planning Department shall determine if 
modifications or amendments to the Development Plan 
are "minor" or "major". 

SEC. ^ 9. AND BE IT FURTHER ORDAINED, That 
upon passage of this ordinance by the Qty Council, as 
evidence of the authenticity of the Development Plan that 
is a part hereof and in order to give notice to the 
departments that administer Article 30 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), the 
President of Qty Council shall sign the Development Plan, 
and when the Mayor approves this ordinance, he shall 
sign the Development Plan. The Director of Finance shall 
then transmit a copy of this ordinance and the 
Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator of Baltimore Qty. 



248 



Ord. 537 



SEC. 4 10. AND BE IT FURTHER ORDAINED, That 
this ordinance shall take effect on the date of its 
enactment. 

Approved June 6, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 537 

(Council BHl No. 1034) 

AN ORDINANCE concerning 

RESERVED PARKING - HELPERS OF DISABLED PERSONS 

FOR the purpose of establishing a parking permit program 
for helpers of disabled persons. 

BY adding 

Article 31 - Transit and Traffic 

Subtitle - Roc e rvod Parldng for Disabl e d P e rsons 

Additional Parking Restrictions 
Section 440 67 A- 1 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFHC 

ResorV ' od Parldng for Disabled Persons 
Additional Parking Restrictions 

440 67A-1 . RESERVED PARKING FOR HELPERS OF 
DISABLED PERSONS. 



249 



r 



Ord. 537 



(A) DEFINITION. IN THIS SECTION, "DISABLED 
PERSON" MEANS A PERSON WHO MEETS THE 
PHYSICAL CRITERL^ FOR OBTAINING A RESERVED 
PARiONG SPACE FOR A DISABLED PERSON. 

(B) A PERSON WHO REGULARLY RENDERS 
ASSISTANCE TO A DISABLED PERSON , AND WHO 
RESIDES IN THE DISABLED PERSQ>rS IMMEDIATE 
NEIGHBORHOOD, MAY APPLY TO THE DIRECTOR OF 
PUBLIC WORKS FOR A PERMIT FOR ONE RESERVED 
PARKING SPACE AT THE DISABLED PERSON^S HOME . 
TliE APPLICATION SHALL BE MADE JOINTLY BY THE 
DISABLED PERSON AND THE DISABLED PERSON'S 
DESIGNATED HELPER AND SHALL INCLUDE: 

(1) A PHYSICLWS STATEMENT, DATED WITHIN 
6 MONTHS PRIOR TO THE DATE OF APPLICATION, 
DESCRIBING THE NATURE OF THE DISABLED PERSON'S 
DISABILITY AND ITS EFFECT ON THE MOBILITY OF THE 
DISABLED PERSON; 

(2) SIGNED STATEMENTS APPROVING THE 
DESIGNATION OF RESERVED PARKING FOR THE 
APPLICANT FROM THE 2 ABUTTING PROPERTY 
OWNERS AND FROM 4 ADDITIONAL PROPERTY 
OWNERS IN THE BLOCK. THIS PROVISION MAY BE 
WAIVED BY THE DIRECTOR OF PUBLIC WORKS IF ITIS 
DETERMINED THAT THERE ARE NOT ENOUGH 
PROPERTIES IN THE BLOCK TO SUPPLY THE 
NECESSARY SIGNATURES. 

(Q THE DIRECTOR OF PUBLIC WORKS SHALL 
REVIEW EACH APPLICATION TO DETERMINE THAT: 

(1) SUITABLE OFF-STREET PARKING, SUCH AS A 
DRIVEWAY, GARAGE, OR PARKING PAD, IS NOT 
AVAILABLE; 

(2) SUITABLE PARKING SPACE NOT RESTRICTED 
BY OTHER PARKING REGULATIONS IS AVAILABLE; AND 

(3) THE DISABLED PERSON MEETS THE 
CRITERL\ FOR A RESERVED PARKING SPACE. 



250 



I 



Ord. 538 



(D) (1) ON ACCEPTANCE OF THE APPLICATION, 
THE DIRECTOR SHALL DESIGNATE AND MARK ONE 
SPACE AT A LOCATION TO BE DETERMINED BY THE 
DIRECTOR. 

(2) THE DIRECTOR MAY SPECIFY THE DAYS, 
TIMES, LOCATION, AND OTHER RESTRICTIONS THE 
DIRECTOR CONSIDERS NECESSARY IN ORDER TO 
PROVIDE ADEQUATE PARIONG IN THE 
NEIGHBORHOOD. 

(3) ANY RESERVED PARKING SPACE MAY BE 
DESIGNATED BY THE DIRECTOR FOR USE BY MORE 

THAN ONE HELPER. S 

(E) THE DIRECTOR SHALL ISSUE TO THE > 
DESIGNATED HELPER A PERMIT WHICH SHALL BE Q 
DISPLAYED IN THE MANNER PRESCRIBED BY THE ;$ 
DIRECTOR. PERMITS SHALL BE RENEWED EACH YEAR M. 
IN THE MANNER AND FORM DETERMINED BY THE ^ 
DIRECTOR. 



>■ 



(F) THE DIRECTOR MAY ISSUE REGULATIONS TO 
CARRY OUT THE PROVISIONS OF THIS SECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



fCC 

I.JU 

ST 



CITY OF BALTIMORE 
ORDINANCE NO. 538 
(Council Bill No. 1079) 
AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 122 



251 



Ord. 539 



FOR the purpose of consenting to and approving a 

Petition for the extension of the Metropx^litan District 
of Baltimore County to a tract of land consisting of 
75.86 acres in the Eighth Election District of Baltimore 
County located in the vicinity of Sherwood Road, 
Powers Avenue, District 8C3 and in accordance with 
the provisions of Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, as amended 
by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the MetropoHtan District of Baltimore County 
to a tract of land in the Eighth Election District of 
Baltimore County located in the vicinity of Sherwood 
Road, Powers Avenue, District 8C3, more particularly 
shown on a plat filed in the Department of Pubhc Works 
of Baltimore County numbered Extension 122, is in 
accordance vdth the authority granted by Chapter 539 of 
the Acts of the General Assembly of Maryland of 1924, 
and amended by Chapter 515 of the Acts of 1955 hereby 
consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 539 

(Council Bill No. 1109) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 126 

FOR the purpose of consenting to and approving a 

Petition for the extension of the Metropolitan District 
of Baltimore County to a tract of land consisting of 



252 



I 



Ord. 540 



157.80 acres in the Second Election District of 
Baltimore County located in the vicinity of Lakeside 
Boulevard east of Dolfield Road, District 2C3 
(Lyonsfield Run) and in accordance with the 
provisions of Chapter 539 of the Acts of the General 
Assembly of Maryland of 1924, as amended by 
Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore Coimty 
to a tract of land in the Second Election District of 
Baltimore County located in the vicinity of Lakeside 

Boulevard east of Dolfield Road, District 2C3 (Lyonsfield £ 

Rim), more particularly shown on a plat filed in the «c 

Department of IHiblic Works of Baltimore County J 

nimibered Extension 126, is in accordance with the Q 

authority granted by Chapter 539 of the Acts of the S 

General Assembly of Maryland of 1924, and amended by i^ 

Chapter 515 of the Acts of 1955 hereby consented to and ^^ 

approved. r^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this CC 

Ordinance shall take effect on the date of its enactment. 



lAJ 



Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 540 

(Council Bill No. 1110) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 128 

FOR the purpose of consenting to and approving a 

Petition for the extension of the Metropolitan District 
of Baltimore County to a tract of land consisting of 
110.97 acres in the Second Election District of 



253 



Ord. 541 



Baltimore County located in the vicinity of Deer Park 
Road between Dolfield and Lyons Mill Roads, District 
2C3 (Owings Mills Golf Community) and in 
accordance with the provisions of Chapter 539 of the 
Acts of the General Assembly of Maryland of 1924, as 
amended by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Second Election District of 
Baltimore County located in the vicinity of Deer Park 
Road between Dolfield and Lyons Mill Roads, District 2C3 
(Owings Mills Golf Community), more particularly shown 
on a plat filed in the Department of Public Works of 
Baltimore County numbered Extension 128, is in 
accordance with the authority granted by Chapter 539 of 
the Acts of the General Assembly of Maryland 1924, and 
amended by Chapter 515 of the Acts of 1955 hereby 
consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 541 

(Council BUI No. 1157) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 303 - SPECL\L 

PURPOSE GRANTS) - $2,122,854 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 



254 



Old. 541 



$2,122,854 to the Health Department (Program 303 - 
Special Purpose Grants) to provide rental assistance to 
homeless individuals with AIDS, mental illness, and 
substance abuse disabilities. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Maryland Department of Human 
Resources grant (Shelter Plus Care Program) in excess of 
the amount from this source estimated and relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year, 
and said money is therefore available for appropriation to 
the Health Department (Program 303 - Special Purpose 
Grants) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fimd 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,122,854 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 



255 



Ord. 542 



provide rental assistance to homeless individuals with 
AIDS, mental illness, and substance abuse disabilities 
which could not reasonably be anticipated at the time of 
formulation of the Fiscal 1995 Ordinance of Estimates. 
The amount thus made available as a supplementary 
Federal Fund Operating appropriation shall be provided 
from a Maryland Department of Human Resources grant 
in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said grant 
shall be the source of revenue for this supplementary 
Federal Fund Operating appropriation as required by 
Article VI, Section 2(h) (2) of the Baltimore Qty Charter 
(1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 542 

(Council Bill No. 1158) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 304 - 

CLINICAL SERVICES) - $4,044,215 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$4,044,215 to die Health Department (Program 304 
Clinical Services) to support medical services to 
Medicare eligible residents of Baltimore Qty. 



256 



Ord. 542 



BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Qiarter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Health Care Financing Administration 
grant (Municipal Health Services - Fiscal 1988 award) in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 304 - 
Qinical Sendees) pursuant to the provisions of Article VI, 
Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fimd 
Operating appropriation has been recommended to the 
Qty Coimcil by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$4,044,215 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
support medical services to Medicare eligible residents of 
Baltimore Qty which could not reasonably be anticipated 
at the time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary Federal Fund Operating appropriation 



257 



Old. 543 



shall be provided from a Health Care Financing 
Administration grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 543 

(CouncU Bill No. 1159) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 304- 

CLINICAL SERVICES) - $4,695,276 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$4,695,276 to the Health Department (Program 304- 
Clinical Services) to support medical services to 
Medicare eligible residents of Baltimore City. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents " 

funding from a Health Care Financing Administration 



258 



Ord. 543 



grant (Municipal Health Services-Fiscal 1989 award) in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 304- 
Qinical Services) pursuant to the provisions of Article VI, 
Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Coimcil by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$4,695,276 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
support medical services to Medicare eligible residents of 
Baltimore Qty which could not reasonably be anticipated 
at the time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary Federal Fund Operating appropriation 
shall be provided from a Health Care Financing 
Administration grant in excess of the amoimt firom this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 



259 



Ord. 544 



as required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 544 

(Council Bill No. 1160) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRL^TION - 

HEALTH DEPARTMENT (PROGRAM 304 - 

CLINICAL SERVICES) - $6,481,591 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$6,481,591 to the Health Department (Program 304- 
Clinical Services) to support medical services to 
Medicare ehgible residents of Baltimore Qty. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Health Care Financing Administration 
grant (Municipal Health Services-Fiscal 1990 award) in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 304- 
Qinical Services) pursuant to the provisions of Article VI, 



260 



Ord. 544 



Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fimd 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sima of 
$6,481,591 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending Jime 30, 1995 to 
support medical sendees to Medicare eligible residents of 
Baltimore Qty which could not reasonably be anticipated 
at the time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary Federal Fund Operating appropriation 
shall be provided from a Health Care Financing 
Administration grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



261 



Ord. 545 



Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 545 

(Council BUI No. 1161) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 305 - 

MATERNAL AND INFANT SERVICES) - $2,701,863 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$2,701,863 to the Health Department (Program 305- 
Matemal and Infant Services) to provide early 
childhood intervention services to reduce infant 
mortality. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Human 
Services grant (Healthy Start - Fiscal 1994 award) in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 305- 
Matemal and Infant Services) pursuant to the provisions 
of Article VI, Section 2(h)(2) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 



262 



Ord. 545 



reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Giarter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
City Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,701,863 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide early childhood intervention services to reduce 
infant mortality which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amount thus made available 
as a supplementary Federal Fund Operating appropriation 
shall be provided from a Department of Health and 
Human Services grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



263 



Ord. 546 

CITY OF BALTIMORE 

ORDINANCE NO. 546 

(Coiindl BUI No. 1162) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 305 - 

MATERNAL AND INFANT SERVICES) - $817,416 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$817,416 to the Health Department (Program 305 - 
Maternal and Infant Services) to provide early 
childhood intervention services to reduce infant 
mortahty. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Human 
Services grant (Healthy Start - Fiscal 1995 av^ard) in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 305 
Maternal and Infant Services) pursuant to the provisions 
of Article VI, Section 2(h)(2) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter: and 



264 



( 



Ord. 547 



WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by die Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Qiarter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$817,416 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide early childhood intervention services to reduce 
infant mortality which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amoimt thus made available 
as a supplementary Federal Fund Operating appropriation 
shall be provided from a Department of Health and 
Human Sendees grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h) (2) of the Baltimore 
City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved Jime 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 547 
(Council Bill No. 1163) 
AN ORDINANCE concerning 

265 



Ord. 547 



SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 305 - 

MATERNAL AND INFANT SERVICES) - $3,292,844 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$3,292,844 to the Health Department (Program 305 - 
Maternal and Infant Services) to provide additional 
appropriation authority to support lead-abatement 
services. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a U.S. Department of Housing and Urban 
Development grant (Lead Abatement Action Project) in 
excess of the amount from this source estimated and 
reUed upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year, and said money is therefore available for 
appropriation to the Health Department (Program 305 - 
Maternal and Infant Services) pursuant to the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Op)erating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 



266 



Ord. 548 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$3,292,844 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending Jime 30, 1995 to 
provide additional appropriation authority to support 
lead -abatement services which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amoimt thus made available 
as a supplementary Federal Fund Operating appropriation 
shall be provided from a U.S. Department of Housing and 
Urban Development grant in excess of the amotint from 
this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 548 

(Council Bill No. 1164) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 307 - 

MENTAL HEALTH SERVICES) - $3,904,132 



267 



Old. 548 



FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$3,904,132 to the Health Department (Program 307 - 
Mental Health Services) to develop a comprehensive, 
community-based system of care for children, 
adolescents, and their families in East Baltimore. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (East Baltimore Partnership) in excess of the 
amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 307 - Mental Health 
Services) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Oiarter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance v^th Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$3,904,132 shall be made available to the Health 



268 



Ord. 549 



Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
develop a comprehensive, community-based system of 
care for children, adolescents, and their famihes in East 
Baltimore which could not reasonably be anticipated at 
the time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary Federal Fund Operating appropriation 
shall be provided from a Department of Health and 
Mental Hygiene grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h)(2) of the Baltimore 
Qty Qiarter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 549 

(Council Bill No. 1165) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 306 - 

GENERAL NURSING SERVICES) - $1,600,000 

FOR the purpose of providing a supplementary State Fund 
Operating appropriation in the amount of $1,600,000 
to the Health Department (Program 306 - General 
Nursing Services) to provide administrative and 



269 



Ord. 549 



transportation services for Medical Assistance 
recipients. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (Medicaid General Transportation) in excess of the 
amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 306 - General Nursing 
Services) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary State Fund Operating 
appropriation has been recoromended to the Qty Council 
by the Board of Estimates at a regular meeting of the 
Board held on the 5th day of April, 1995, all in 
accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,600,000 shall be made available to the Health 
Department as a supplementary State Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide administrative and transportation services for 
Medical Assistance recipients which could not reasonably 



270 



Ord. 550 



be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary State Fund Operating 
appropriation shall be provided from a Department of 
Health and Mental Hygiene grant in excess of the amoimt 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year; 
and said funds from said grant shall be the source of 
revenue for this supplementary State Fund Operating 
appropriation as required by Article VI, Section 2(h) (2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CTTY OF BALTIMORE 

ORDINANCE NO. 550 

(Council Bill No. 1166) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE FUND 

OPERATING APPROPIUATION - 

HEALTH DEPARTMENT (PROGRAM 307 - 

MENTAL HEALTH SERVICES) - $710,506 

FOR the purpose of providing a supplementary State Fund 
Operating appropriation in the amount of $710,506 to 
the Health Department (Program 307 - Mental Health 
Services) to support psychiatric residents working in 
community settings. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 



271 



Ord. 550 



WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (Psychiatric Residency) in excess of the amomit 
from this source estimated and reUed upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 307 - Mental Health 
Services) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary State Fund Operating 
appropriation has been recommended to the Qty Council 
by the Board of Estimates at a regular meeting of the 
Board held on the 5th day of April, 1995, all in 
accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$710,506 shall be made available to the Health 
Department as a supplementary State Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
support psychiatric residents working in community 
settings which could not reasonably be anticipated at the 
time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary State Fund Operating appropriation shall 
be provided from a Department of Health and Mental 
Hygiene grant in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 



272 



Ord. 551 



said grant shall be the source of revenue for this 
supplementary State Fund Operating appropriation as 
required by Article VI, Section 2(h) (2) of the Baltimore 
City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

C 

ORDINANCE NO. 551 ^ 

>^ 
(Council Bill No. 1167) Or 

"^ 

• .*£ 
AN ORDINANCE concerning gj^ 

CD 

SUPPLEMENTARY STATE FUND >- 

OPERATING APPROPRL\TION - ^yj 

HEALTH DEPARTMENT (PROGRAM 307 - rCC 

MENTAL HEALTH SERVICES) - $1,835,606 b^ 

FOR the purpose of providing a supplementary State Fund 
Operating appropriation in the amount of $1,835,606 
to the Health Department (Program 307 - Mental 
Health Services) to support a comprehensive 
community-based mental health system. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (State Mental Health Block Grant - Fiscal 1994 
award) in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining tlie tax levy required to balance the budget 
for the 1995 fiscal year, and said money is therefore 



273 



Ord. 551 



available for appropriation to the Health Department 
(Program 307 - Mental Health Services) pursuant to the 
provisions of Article VI, Section 2(h) (2) of the Baltimore 
City darter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary State Fund Operating 
appropriation has been recommended to the Qty Council 
by the Board of Estimates at a regular meeting of the 
Board held on the 5th day of April, 1995, all in 
accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$1,835,606 shall be made available to the Health 
Department as a supplementary State Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
support a comprehensive community-based mental health 
system which could not reasonably be anticipated at the 
time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary State Fund Operating appropriation shall 
be provided from a Department of Health and Mental 
Hygiene grant in excess of the amount from this source 
which was estimated or relied upx)n by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said grant shall be the source of revenue for this 
supplementary State Fund Operating appropriation as 
required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



274 



I 



Ord. 552 



Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 552 

(Council Bill No. 1168) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 307 - 

MENTAL HEALTH SERVICES) - $4,299,292 

i 
FOR the purpose of providing a supplementary State Fund ^ • 

Operating appropriation in the amount of $4,299,292 g^ 

to the Health Department (Program 307 - Mental C 

Health Services) to support a comprehensive 2 

commimity-based mental health system. ^ 

BY authority of .^ . 

Article VI - Board of Estimates J,- 

Section 2(h)(2) :^ 
Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (State Mental Health Block Grant - Fiscal 1995 
award) in excess of the amount from this source 
estimated and reHed upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year, and said money is therefore 
available for appropriation to the Health Department 
(Program 307 - Mental Health Services) pursuant to the 
provisions of Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 



275 



Ord. 552 



Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary State Fund Operating 
appropriation has been recommended to the City Council 
by the Board of Estimates at a regular meeting of the 
Board held on the 5th day of April, 1995, all in 
accordance with Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$4,299,292 shall be made available to the Health 
Department as a supplementary State Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
support a comprehensive community-based mental health 
system which could not reasonably be anticipated at the 
time of formulation of the Fiscal 1995 Ordinance of 
Estimates. The amount thus made available as a 
supplementary State Fund Operating appropriation shall 
be provided from a Department of Health and Mental 
Hygiene grant in excess of the amount from this source 
which was estimated or rehed upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year; and said funds from 
said grant shall be the source of revenue for diis 
supplementary State Fund Operating appropriation as 
required by Article VI, Section 2(h) (2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



276 



Ord. 553 



CITY OF BALTIMORE 

ORDINANCE NO. 553 

(Council BiU No. 1169) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE FUND 

OPERATING APPROPIUATION - 

HEALTH DEPARTMENT (PROGRAM 310 - 

SCHOOL HEALTH SERVICES) - $1,599,146 

FOR the purpose of providing a supplementary State Fund 
Operating appropriation in the amount of $1,599,146 
to the Health Department (Program 310 - School 
Health Services) to provide additional appropriation 
authority for special- needs children mainstreamed in 
public schools. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEFIEAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (Special Education Health Services) in excess of the 
amoimt from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 310 - School Health 
Services) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter: and 



277 



Old. 554 



WHEREAS, This supplementary State Fund Operating 
appropriation has been recommended to the Qty Council 
by the Board of Estimates at a regular meeting of the 
Board held on the 5th day of April, 1995, all in 
accordance wi± Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,599,146 shall be made available to the Health 
Department as a supplementary State Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation authority for Special 
Education Health Services which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amount thus made available 
as a supplementary State Fund Operating appropriation 
shall be provided from a Department of Health and 
Mental Hygiene grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary State Fund Operating appropriation as 
required by Article VI, Section 2(h) (2) of the Baltimore 
City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 554 
(Council Bill No. 1170) 
AN ORDINANCE concerning 

278 



Ord. 554 



SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 310 - 

SCHOOL HEALTH SERVICES) - $100,723 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$100,723 to the Health Department (Program 310- 
School Health Services) to provide additional 
appropriation authority for school-based vaccinations. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 

grant (Adolescent Vaccine Study) in excess of the amount ^^ 

from this source estimated and relied upon by the Board t: 

of Estimates in determining the tax levy required to l^' 

balance the budget for the 1995 fiscal year, and said -r 

money is therefore available for appropriation to the r^ 

Health Department (Program 310-School Health Services) !:J 

pursuant to the provisions of Article VI, Section 2(h) (2) of i 

the Baltimore Qty Charter (1964 Revision, as amended); 
and 

WHEREAS, The additional stun herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 



279 



Ord. 555 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$100,723 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation authority for an 
Adolescent Vaccine Study which could not reasonably be 
anticipated at the time of formulation of the Fiscal 1995 
Ordinance of Estimates. The amount thus made available 
as a supplementary Federal Fund Operating appropriation 
shall be provided from a Department of Health and 
Mental Hygiene grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year; and said 
funds from said grant shall be the source of revenue for 
this supplementary Federal Fund Operating appropriation 
as required by Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 555 

(Council Bill No. 1171) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPIUATION - 

HEALTH DEPARTMENT (PROGRAM 310-SCHOOL 

HEALTH SERVICES) - $222,264 



280 



Ord. 555 



FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$222,264 to the Health Department (Program 310- 
School Health Services) to provide additional 
appropriation authority to support the oversight of 35 
additional day care homes. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Maryland State Department of Education 
grant (Child and Adult Care Food Program) in excess of 
the amount from this source estimated and relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year, 
and said money is therefore available for appropriation to 
the Health Department (Program 310-School Health 
Services) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended); and C 

WHEREAS, The additional sum herein appropriated is ^ 

from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$222,264 shall be made available to the Health 



281 



^M 



Ord. 556 



Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation authority to support the 
oversight of 35 additional day care homes which could 
not reasonably be anticipated at the time of formulation 
of the Fiscal 1995 Ordinance of Estimates. The amount 
thus made available as a supplementary Federal Fund 
Op>e rating appropriation shall be provided from a 
Maryland State Department of Education grant in excess 
of the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said grant shall be the source 
of revenue for this supplementary Federal Fund Operating 
appropriation as required by Article VI, Section 2(h) (2) of 
the Baltimore City Charter (1964 Revision as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 556 

(Council Bill No. 1172) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 310-SCHOOL 

HEALTH SERVICES) - $251,713 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$251,713 to the Health Department (Program 310- 
School Health Services) to provide primary health care 
and health education at Harford Heights Elementary 
School. 



282 



Ord. 556 



BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Human 
Services grant (Healthy Schools) in excess of the amount 
from this source estimated and relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 310-School Health Sendees) 
pursuant to the provisions of Article VI, Section 2(h) (2) of 
the Baltimore Qty Qiarter (1964 Revision, as amended); 
and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regvilar 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$251,713 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide primary health care and health education at 
Harford Heights Elementary School which could not 
reasonably be anticipated at the time of formulation of 
the Fiscal 1995 Ordinance of Estimates. The amount thus 
made available as a supplementary Federal Fund 



283 



Ord. 557 



Operating appropriation shall be provided from a 
Department of Health and Human Services grant in 
excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1995 fiscal year; and said funds from said grant 
shall be the source of revenue for this supplementary 
Federal Fimd Operating appropriation as required by 
Article VI, Section 2(h) (2) of the Baltimore Qty Charter 
(1964 Revision, as amended). 

SECTION 2. AND BE IT FURTHER ORDAINED, That 
this ordinance shall take effect on the date of its 
enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 557 

(CouncU Bill No. 1173) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 

OPERATING APPROPRIATION - 

HEALTH DEPARTMENT (PROGRAM 310 - SCHOOL 

HEALTH SERVICES) - $983,096 

FOR the purpose of providing a supplementary Federal 
Fund Operating appropriation in the amount of 
$983,096 to the Health Department (Program 310 - 
School Health Services) to provide additional 
appropriation to assure immunization of children two 
years of age. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 



284 



1 



I 



Old. 557 



WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (Immunization) in excess of the amount from this 
source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1995 fiscal year, and said money is 
therefore available for appropriation to the Health 
Department (Program 310-School Health Services) 
pursuant to the provisions of Article VI, Section 2(h) (2) of 
the Baltimore Qty Charter (1964 Revision, as amended); 
and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h) (2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the simi of 
$983,096 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation to assure immimization 
of children two years of age which could not reasonably 
be anticipated at the time of formulation of the Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary Federal Fund Operating 
appropriation shall be provided firom a Department of 
Health and Mental Hygiene grant in excess of the amoimt 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year; 



285 



Ord. 558 



and said funds from said grant shall be the source of 
revenue for this supplementary Federal Fund Operating 
appropriation as required by Article VI, Section 2(h)(2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 558 

(Council Bill No. 1174) 

AN ORDINANCE concerning 

SUPPLEMENTARY FEDERAL FUND 
OPERATING APPROPRIATION - 
I HEALTH DEPARTMENT (PROGRAM 311 - HEALTH 

i SERVICES FOR THE AGING) - $821,944 

'.' FOR the purpose of providing a supplementary Federal 

Fund Operating appropriation in the amount of 
$821,944 to the Health Department (Program 311 - 
Health Sendees for the Aging) to provide additional 
appropriation authority for a Geriatrics Evaluation 
System for high-risk patients. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from a Department of Health and Mental Hygiene 
grant (The Maryland Medicaid High Risk/High Cost 
Managed Care Initiative Program) in excess of the amount 
from this source estimated and relied upon by the Board 
of Estimates in determining the tax levy required to 



286 



Ord. 558 



balance the budget for the 1995 fiscal year, and said 
money is therefore available for appropriation to the 
Health Department (Program 311 - Health Services for 
the Aging) pursuant to the provisions of Article VI, 
Section 2Ch)C2) of the Baltimore City Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum herein appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
Ordinance of Estimates for the 1995 fiscal year, in 
accordance with Article VI, Section 2(h)(2) of said 
Charter; and 

WHEREAS, This supplementary Federal Fund 
Operating appropriation has been reconmiended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 5th day of April, 1995, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore City, the sum of 
$821,944 shall be made available to the Health 
Department as a supplementary Federal Fund Operating 
appropriation for the fiscal year ending June 30, 1995 to 
provide additional appropriation authority for a Geriatrics 
Evaluation System for high-risk patients which could not 
reasonably be anticipated at the time of formulation of 
the Fiscal 1995 Ordinance of Estimates. The amount thus 
made available as a supplementary Federal Fund 
Operating appropriation shall be provided from a 
Department of Health and Mental Hygiene grant in excess 
of the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said grant shall be the source 
of revenue for this supplementary Federal Fund Operating 
appropriation as required by Article VI, Section 2(h)(2) of 
the Baltimore Qty Charter (1964 Revision, as amended). 



287 



J- 



Ord. 559 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 7, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 559 

(Council Bill No. 910) 

AN ORDINANCE concerning 

PERFQRMA^JCE BONDS 

IRREVOCABLE LETTERS OF CREDIT FOR 

EDUCATIONAL SERVICES SERVICE AGREEMENTS 

FOR the purpose of requiring an performanco bond 

irrevocable letter of credit for modifications to certain 
sole source contracts for educational services. 

BY adding 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtitl e — Contracts — Bid and P e rformance Bonds 
Section 18C to be under the amended subtitle 

"Contracts - Bid and Performance Bonds and 

Irrevocable Letters of Credit" 
Baltimore City Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, 
AND MUNICIPAL AGENCIES 

Contracts - Bid and Performance Bonds 



288 



I 



Old. 560 



AND IRREVOCABLE LETTERS OF CREDIT 

18C. SOLE SOURCE CONTRACTS ^fQ WHICH PROVIDE 
EDUCATIONAL SERVICES TO THE BOARD OF SCHOOL 
COMMISSIONERS. 

y^ WHEN AN¥ A SOLE SOURCE CONTRACT 
BETWEEN THE CITY OF BALTIMORE AND A VENDOR 
TO PROVIDE INSTRUCTIONAL, SUPERVISORY, OR 
ADMINISTRATIVE SERVICES TO THE BOARD OF 
SCHOOL COMMISSIONERS IS RENEGOTL^TED, THE 
VENDOR SHALL POST A PERFQRMx^JCE BOND TO 
GUARA^JTEE PEPJOPJ^li\>JGE OF THE MQDIFICx^TION 
TO THE CONTPu^CT. AN IRREVOCABLE LETTER OF 
CREDIT IF TIJE CONTRACT IS FOR MORE THAN 
$100,000. 

CB) THE BOARD OF ESTIMATES SHALL ESTABLISH 
T?IE BOND I^J .^J AMQU^JT CQNSISTE^JT WITH THE 
MODIFICATION AND AS AUTHORIZED BY L^W. <=3 

SEC. 2. AND BE IT FURTHER ORDAINED, That this !^ 

ordinance shall take effect on the 30th day after the date JJC 

of its enactment. '^i^^ 

Approved June 13, 1995 ^* 

KURT L. SCHMOKE, Mayor 



-<x: 



CITY OF BALTIMORE 

ORDINANCE NO. 560 

(Council Bill No. 1007) 

AN ORDINANCE concerning 

FIRE AND POUCE EMPLOYEES' RETIREMENT SYSTEM 
BOARD OF TRUSTEES 

FOR the purpose of providing that the Police 

Commissioner may designate a chief of the Police 



289 



Ord. 560 



Department to represent him at a meeting of the 
Board of Trustees. 

BY repealing and reordaining without amendments 
Article 22 - Retirement Systems 
Subtitle - Fire and Police Employees 
Section 33(a) 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Fire and Police Employees 
Section 33 (b) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Fire and Police Employees 

33. Administration. 

(a) Board of Trustees. The general administration and 
the responsibility for the proper operation of the 
retirement system and for making effective the provisions 
of this subtitle, subject to the provisions contained in 
subsection (1) of this section, are hereby vested in a Board 
of Trustees which shall be organized immediately after 
three of the trustees provided for in this section have 
qualified and taken the oath of office. 

(b) Same; members. The Board shall consist of nine 
trustees as follows: 

(1) The Comptroller of the Qty of Baltimore, ex- 
officio; 

(2) The Police Commissioner, ex officio; 



290 



Ord. 560 



(3) The President of the Board of Fire 
Commissioners, ex officio; 

(4) Two citizens of the Qty of Baltimore who are 
not employees within the meaning of this subtide, one of 
whom shall be a responsible officer of a bank authorized 
to do business within the State of Maryland, or a person 
with similar experience, to be appointed by the Mayor 
with the consent of the Qty Council, as provided in 
Article IV, Section 6 of the Charter of Baltimore City 
(1964), to serve for terms of four years each; provided, 
however, that immediately following July 1, 1962, the 
Mayor shall appoint one trustee to serve until July 1, 
1963, and one trustee to serve imtil July 1, 1965, such 
trustees to take office at appointments. 

(5) Two members of the system, one of whom shall 
be an employee of the Fire Department, the other an 
employee of the Police Department, to be elected by the 
membership of the respective departments to which each 
belongs under such rules and regulations as may be 
adopted by the Board of Trustees to govern such election, 
to serve for a term of four years; provided, however, that 
the term of office of the first two trustees so elected shall 
begin immediately following their election and shall 
expire July 1, 1964, and July 1, 1966, respectively; and 
provided further, that for the purposes of this subsection 
(b) , members of the system who are not employed by the 
Fire Department or the Police Department shall be eligible 
to participate as voters and as candidates in elections of 
the Board of Trustees. School crossing guards, meter 
monitors, and police personnel employed at the Baltimore 
Washington International Airport shall participate in the 
Police Department elections. Fire personnel employed at 
the Baltimore Washington International Airport shall 
participate in the Fire Department elections. For other 
categories of members of the system who are not 
employees of the Fire Department or the Police 
Department, the Board of Trustees shall determine in 
which departmental election they shall participate. 

(5-1) Two retirees of the system, one of whom 
shall be a Fire Department retiree, and the other a Police 



291 



Ord. 560 



Department retiree, to be elected by the retirees of the 
resp)ective department to which each belonged, said 
elections to be held concurrently with the election for the 
employees' representative of each respective department, 
under such rules and regulations as may be adopted by 
the Board of Trustees to govern such election, to serve for 
a term of four years; provided, however, that for the 
purposes of this subsection (b), retirees of the system who 
are not employed by the Fire Department or the PoUce 
Department shall be ehgible to participate as voters and 
as candidates in elections of the Board of Trustees. 
Retired school crossing guards, retired meter monitors, 
and police personnel retired from employment at the 
Baltimore Washington International Airport shall 
participate in the Police Department elections. Fire 
personnel retired from employment at the Baltimore 
Washington International Airport shall participate in the 
Fire Department elections. For other categories of retirees 
in the system who were not employees of the Fire 
Department or the Police Department, the Board of 
Trustees shall determine in which departmental election 
they shall participate. 

(6) In the event that the Police Commissioner does 
not attend any meeting of the Board of Trustees, he may 
be represented by a [Deputy Police Commissioner] CHIEF 
OF THE POUCE DEPARTMENT, WITH ADMINISTRATIVE 
RESPONSIBILITIES, AS DESIGNATED BY THE 
COMMISSIONER. SUCH REPRESENTATIVE SHALL HAVE 
THE POWER TO ACT IN THE PLACE OF THE 
COMMISSIONER. 

In the event that the President of the Board of Fire 
Commissioners does not attend any meeting of the Board 
of Trustees, he may be represented by another member of 
the Board of Fire Commissioners designated by the 
President of the Board of Fire Commissioners. Such 
representative shall have the power to act in the place of 
the absent ex-offido member. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



292 



Ord. 561 



Approved June 13, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 561 

(CouncU Bill No. 1039) 

AN ORDINANCE concerning 

ENGAGING MINORS IN DRUG SYNDICATES 

FOR the purpose of prohibiting an adult from hiring, 
engaging, or using a minor as part of a scheme, 
syndicate, or plan to use the protection afforded 
juveniles as a means of violating the "Health - 
Controlled Dangerous Substances" Subheading of 
Article 27 of the Annotated Code of Maryland. 

BY adding 

Article 19 - Police Ordinances 
Subtitle - Minors 

Section 79A to be under the new heading "Drugs" 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

Minors 

DRUGS 

79A. MINORS; DRUG SYNDICATES. 



293 






Ord. 561 



(A) AS USED IN THIS HEADING, THE FOLLOWING 
WORDS HAVE THE MEANINGS INDICATED UNLESS 
THEIR CONTEXT CLEARLY INDICATES OTHERWISE. 

(1) "ADULr MEANS ANY PERSON 18 YEARS OLD 
OR OLDEK 

(2) "CONTROLLED DANGEROUS SUBSTANCE" 
MEANS A CONTROLLED DANGEROUS 
SUBSTANCE AS DEFINED IN THE "HEALTH - 
CONTROLLED DANGEROUS SUBSTANCES" 
SUBHEADING OF ARTICLE 27 OF THE 
ANNOTATED CODE OF MARYLAND. 

43> £31 "MINOR" MEANS ANY PERSON 17 YEARS 
OLD OR YOUNGER. 

m 141 "PARENT" INCLUDES GUARDL^N. 

(B) AN ADULT, I^JCLUDING A Px^RENT, SHALL NOT 
HIPJE, SOUCrr, E^JGAGE, OR USE A MI^JQR TO VIOL.\TE 

• SECTIONS 286, 286A, 286B, 286C, 286D, OR 286E OF 

I THE "HR^LTH CONTROL L E D Dx^^JGERQUS 

1 SUBSTx^JCES" SUBHEx^DI^JG OF x^TICLE 27 OF T HE 

: A> . ^NQTATED CODE OF M^^RYL^ND, AS Px\RT OF A 

: SCHEME, SY^:DICx^TE, OR PL^J TO CIROm/n ^ ^JT OR 

AVOID PROSECUTION WJDER THE L^W BY USI^JG THE 
PROTECTION AFFQPJ)ED TO MIT^JORS AS JU\^JILES 
L^T)ER THE CRIMINx^ JUSTICE SYSTEM. 

CB) AN ADULT. INCLUDING A PARENT. SHALL NOT: 

(1) BUY A CONTROLLED DANGEROUS 
SUBSTANCE FROM A MINOR: 

(2) SELL OR INDUCE A MINOR TO USE OR 
POSSESS A CONTROLLED DANGEROUS 
SUBSTANCE: OR 

(3) CAUSE TO HOLD. LOOK OUT. DELIVER, 
TRANSPORT, HOLD MONEY OR DRUGS. OR IN 
ANY WAY CONSPIRE TO INDUCE A MINOR TO 
VIOLATE THE PROVISIONS OF THIS HEADING. 



294 



Ord. 562 



(C) A PERSON WHO VIOLATES THIS SECTION IS 
GUILTY OF A MISDEMEANOR AND ON CONVICTION 
MAY BE FINED NOT MORE THAN $1,000 OR 
IMPRISONED FOR A MANDATORY MINIMUM PERIOD 
OF NOT LESS THAN 60 DAYS OR NOT MORE THAN 1 
YEAR OR BOTH FINE AND IMPRISONMENT . 

CD) A PERSON CHARGED WITH A VIOLATION OF 
THIS HEADING SHALL NOT USE HIS OR HER LACK OF 
KNOWLEDGE OF THE MINOR'S AGE AS A DEFENSE IN 
THE PROSECUTION OF ANY CASE UNDER THIS 
HEADING. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 13, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



>0 
ORDINANCE NO. 562 ^ 

(Council Bill No. 1047) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND 

CAPITAL APPROPRIATION - 

DEPARTMENT OF PUBLIC WORKS - $6,000,000 

FOR the purpose of providing a supplementary Motor 
Vehicle Fund Capital appropriation in the amount of 
$6,000,000 to the Department of Public Works 
(Account #9958-520-020) for the Lakewood Avenue 
Relief Drain Project. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 



295 



i 



Ord. 562 



WHEREAS, The money appropriated herein represents 
revenue from the Fiscal 1994 Fund Balance in excess of 
the amount from this source estimated and relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year, 
and said money is therefore available for appropriation to 
the Department of Public Works (Account #9958-520- 
020) pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h) (3) of said Charter; and 

WHEREAS, This supplementary Motor Vehicle Fund 
Capital appropriation has been recommended to the Qty 
Council by the Board of Estimates at a regular meeting of 
the Board held on the 21st day of December, 1994, all in 
accordance with Article VI, Section 2(h) (3) of the 



i Baltimore City Charter (1964 Revision, as amended). 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$6,000,000 shall be made available to the Department of 
Public Works (Account #9958-520-020) as a 
supplementary Motor Vehicle Fund Capital appropriation 
for the fiscal year ending June 30, 1995 for the Lakewood 
Avenue Relief Drain Project which could not reasonably 
be anticipated at the time of formulation of the proposed 
Fiscal 1995 Ordinance of Estimates. The amount thus 
made available as a supplementary Motor Vehicle Fund 
Capital appropriation shall be provided from revenue 
from the Fiscal 1994 Fund Balance in excess of the 
amount from this source which was estimated or relied 
uf>on by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1995 fiscal 
year; and said funds from said proceeds from the Fiscal 
1994 Fund Balance shall be the source of revenue for this 



296 



Ord. 563 



supplementary Motor Vehicle Fund Capital appropriation 
as required by Article VI, Section 2(h) (3) of the Baltimore 
Qty Giarter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect upon the date of its enactment. 

Approved June 13, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 563 

(Council Bill No. 1048) 

AN ORDINANCE concerning 

A LOAN FUND CAPITAL DE-APPROPRIATION - 
$2,000,000 

FOR the purpose of amending the Fiscal 1992 Ordinance 
of Estimates - Capital budget to de-appropriate the 
Bon Secours Hospital project (9904-129-101). 

WHEREAS, The Fiscal 1992 Ordinance of Estimates 
(Ordinance 778) contained $2,000,000 in Loan Fund 
appropriations for the Bon Secours Hospital - 
Modernization project; and 

WHEREAS, Bon Secours Hospital has completed its 
modernization project and is no longer in need of the Qty 
Loan funds; and 

WHEREAS, This de-appropriation has been 
recommended to the Qty Council by the Board of 
Estimates at a regular meeting of the Board held on the 
4th day of January, 1995. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance 778 of 
1991, entitled Ordinance of Estimates for Fiscal Year 



297 



Ord. 564 



ending June 30, 1992, Section B - Capital Budget is 
hereby amended, and an amount de-appropriated as 
follows: 

Appropriation Dc-appropriation 
Amount Amount 

Bon Secours Hospital - $2,000,000 $2,000,000 

Modernization (127-101) 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 13, 1995 

KURT L. SCHMOKE, Mayor 



f 

i AN ORDINANCE concerning 

L 



CITY OF BALTIMORE 
ORDINANCE NO. 564 
(Council Bill No. 1066) 



URBAN RENEWAL - HAMILTON BUSINESS AREA 
AMENDMENT NO. 1 

FOR the purpose of amending the Urban Renewal Plan 
for the Hamilton Business Area to (1) prohibit certain 
uses in the portions of the Hamilton Business Area 
designated as Community Business areas; (2) provide 
for continuance of non-conforming uses under certain 
conditions; (3) provide size limits for lettering and | 

logos of certain signs; (4) provide size limits for 1 

certain signs; (5) provide a time limit for conformance ■ 

to amendments to sign regulations; (6) waive such , 

requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore Gty 
Code which the amended Plan may not meet; (7) 
provide for the severability of the various parts and 
provisions of this ordinance; (8) provide that where 
the provisions of this ordinance shall conflict with any 



298 



Ord. 564 



other ordinance in force in the Qty of Baltimore, the 
provision which establishes the higher standard shall 
prevail; ^9} ^^^ providing for an effective date hereof. 

WHEREAS, The Urban Renewal Plan for the Hamilton 
Business Area was originally approved by the Mayor and 
City Council of Baltimore by Ordinance No. 1207, 
approved November 30, 1979; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volimie, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of 
such changes by the Department of Housing and 
Community Development, the approval of such change or 
changes by the Director of the Department of Planning, 
and approval and adoption by ordinance of the Mayor 
and City Council of Baltimore after a public hearing in 
relation thereto, all in the manner set forth in said Article 
13; and 

WHEREAS, Said amended Renewal Plan for Hamilton 
Business Area has been approved by the Director of the 
Department of Plaiming with respect to its conformity to 
the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, its 
conformity to the rules and regulations for subdivisions, 
and its conformity to existing and proposed zoning 
classifications; and the said amended Renewal Plan has 
been approved and recommended to the Mayor and Qty 
Coimcil of Baltimore by the Commissioner of the 
Department of Housing and Community Development; 
now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Hamilton Business Area, identified as 
"Urban Renewal Plan, Hamilton Business Area, revised to 
include Amendment No. 1, dated January 23, 1995", 
having been duly reviewed and considered, is hereby 



299 



Ord. 564 



approved and the Clerk of the City Council is hereby 
directed to file a copy of said amended Urban Renewal 
Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available 
for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
Section B.2.a.(3) of the Plan is hereby amended to read 
as follows: 

"(3) Community Business 

In the areas designated as Community Business on the 
Land Use Plan Map, uses shall be limited to those 
permitted under the B-2-2 category of the Zoning 
Ordinance of Baltimore City, including residential uses 
and parking; HOWEVER, RENT-TO-OWN STORES, 
BAIL BONDSMEN, POULTRY AND RABBIT KILLING 
ESTABLISHMENTS, PAWNSHOPS, LIQUOR AND 
PACKAGE GOODS STORES, TAVERNS, AND SECOND 
HAND STORES NOT IN EXISTENCE ON THE DATE OF 
ENACTMENT OF THE ORDINANCE APPROVING 



I AMENDMENT NO. 1 OF THIS PLAN SHALL NOT BE 

i PERMITTED. SOUP KITCHENS AND CHECK 

J CASHING AS PRIMARY USES NOT IN EXISTENCE ON 

r THE DATE OF ENACTMENT OF THE ORDINANCE 

APPROVING AMENDMENT NO. 1 OF THIS PLAN 

SHALL NOT BE PERMITTED." 

SEC. 3. AND BE IT FURTHER ORDAINED, That 
Section B.2.a.(4) of the Plan is hereby amended to read 
as follows: 

"(4) Non-Conforming 

A non -conforming use is any lawfully existing use of a 
building or other structure or of land which does not 
conform to the applicable use or bulk regulations of 
the district in which it is located according to the 
Zoning Ordinance of Baltimore City. Non-conforming 
uses shall be permitted to continue, subject to all of 
the provisions of Chapter 8 of tlie Zoning Ordinance of 
Baltimore City entitled 'Non-Conformance'. A NON- 



300 



Ord. 564 



CONFORMING USE MAY BE SOLD AS LONG AS THAT 
USE IS NOT DISCONTINUED FOR A PERIOD OF TIME 
WHICH CONSTITUTES AN ABANDONMENT FOR 
THAT CLASS OF USE UNDER CHAPTER 8 OF THE 
ZONING ORDINANCE OF BALTIMORE CITY." 

SEC. 4. AND BE IT FURTHER ORDAINED, That 
Section C.3.G.(2) C.3.g.(2) of the Plan is hereby amended 
to read as follows: 

"(2) Flat signs shall be placed parallel to the building 
face and shall not project more than 12" from the 
surface of the building and shall not exceed in area 
three times the width in feet of the frontage of the 
building. In the case of comer properties, each facade 
is to be calculated separately as to size allowed for 
each. The tops of flat signs shall be placed no higher 
than the bottom of the second story windows where 
windows exist or 13 feet above grade level, whichever 
is lower. Signs may be placed higher than 13 feet if 
such placement is consistent with the exterior design 
of the building and is approved by H.C.D. Lettering, 
INCLUDING BUT NOT LIMITED TO NEON SIGNS, 
applied to ground floor show windows or entrance 
doors shall not exceed [two and one -half (2- 
l/2)inches] THREE FEET in height AND LOGOS 
SHALL NOT EXCEED THREE FEET IN HEIGHT and 
the text SHALL BE limited to identification of the 
business. Signs identifying the occupant shall be 
permitted at rear entrance doors but shall not exceed 
six square feet in size, except where authorized by the 
Department of Housing and Conmnmity Development. 
NO MORE THAN 50% OF THE ENTIRE WINDOW 
AREA ON EACH SIDE OF THE BUILDING MAY BE 
OBSTRUCTED FROM VIEW." 

SEC. 5. AND BE IT FURTHER ORDAINED, That 
Section C.3.g.(5) of the Plan is hereby amended to read 
as follows: 

"(5) Non-illuminated secondary signs shall be 
permitted for the identification of commercial tenants 
occupying the upper floors of a building. Such signs 



301 



Ord. 564 



shall not exceed [two (2)1 FOUR (4) square feet in 
area and shall not project more than one inch beyond 
the surface of the building, nor shall they be placed 
higher than 13 feet above grade level." 

SEC. 6. AND BE IT FURTHER ORDAINED, That 
Section C.3.g.(9) of the Plan is hereby amended to read 
as follows: 

"(9) All signs not conforming to the above regulations 
shall be removed within two years from the date of 
enactment of this plan except billboards larger than 
sixty square feet, which shall be removed within five 
years. [No lease for such billboards expiring after date 
of enactment of this plan shall be renewed.] ALL 
SIGNS NOT CONFORMING TO THE AMENDMENTS 
TO THE SIGN REGULATIONS ADOPTED BY 
AMENDMENT NO. 1 TO THIS PLAN SHALL BE 
REMOVED WITHIN 18 MQ^^^HS TWO YEARS FROM 
THE DATE OF ENACTMENT OF THE ORDINANCE 
■ APPROVING AMENDMENT NO. 1 OF THIS PLAN. 

^ Future minor privilege permits for signs shall be issued 

(t only for those signs meeting project design criteria." 

5: SEC. 3. AND BE IT FURTHER ORDAINED, That in 

- whatever respect, if any, the said amended Urban 

Renewal Plan approved hereby for the Hamilton Business 
Area may not meet the requirements as to the content of 
a renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore City Code (1983 Replacement 
Volume, as amended), the said requirements are hereby 
waived and die amended Urban Renewal Plan approved 
hereby is exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in die 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of tliis 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and City Council hereby declaring that they would have 



302 



Ord. 565 



ordained the remaining provisions of tliis ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the appHcation thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in any 
case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of tlie public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance 

or code or regulation in force in the City of Baltimore iOC 

which establishes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is 
hereby repealed to the extent that it may be found in 
conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 13, 1995 

KURT L. SCHMOKE, Mayor 



-•a: 



CITY OF BALTIMORE 

ORDINANCE NO. 565 

(Council Bill No. 1140) 

AN ORDINANCE concerning 

ZONING - PIJ5Js[NED UNIT DEVELOPMENT 

MOUNT SAINT AGNES COLLEGE PROPERTY 

UNITED STATES FIDELITY AND GUARANTY COMPANY 



303 



Ord. 565 



FOR tlie purpose of approving the application of United 
States Fidelity and Guaranty Company to amend the 
Planned Unit Development approved by Ordinance No. 
700, approved June 25, 1982, and to approve the 
amended and restated Development Plan submitted by 
tlie applicant. 

BY authority 

Article 30 - Zoning 
Sections 12.0-1 and 12.0-3 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, By Ordinance No. 700, approved June 25, 
1982, the application of United States Fidelity and 
Guaranty Company to have the property known as Mount 
Saint Agnes College Campus, consisting of 28 acres, more 
or less, and lying generally north of Smith Avenue and 
west of tlie Jones Falls Expressway in Baltimore City, 
designated as an Office-Residential Planned Unit 
Development and the Development Plan submitted by the 
applicant was approved; and 

WHEREAS. United States Fidelity and Guaranty 
Company wishes to add to the Planned Unit Development 
approximately 1.18 acres located at the west comer of the 
United States Fidelity and Guaranty Company property in 
Baltimore City as shov^m on the Development Plan: and 

WHEREAS, United States Fidelity and Guaranty 
Company wishes to amend and restate the Development 
Plan, including the narrative Development Master Plan 
dated May 20, 1982, approved by Ordinance No. 700, 
approved Jime 25, 1982, in order to provide for the 
construction of new facilities and the expansion of and 
changes to certain of the existing facilities; and 

WHEREAS, On March 10, 1995, the representatives of 
United States Fidelity and Guaranty Company met with 
the Department of Planning for a pre-petition conference 
to explain the scope and nature of the proposed 
amendments to the Development Plan; and 



304 



Ord. 565 



WHEREAS, The representatives of United States 
Fidelity and Guaranty Company made formal application 
to the Baltimore Qty Council and have submitted the 
requisite amended and restated Development Plan to 
satisfy the requirements specified in Sections 12.0-1 and 
12.0-3 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended); now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended and 
restated Development Plan submitted by United States 
Fidelity and Guaranty Company (the Developer), attached 
hereto and made a part hereof, to amend and restate the 
Development Plan, including the narrative Development 
Master Plan dated May 20, 1982, approved by Ordinance 
No. 700, approved June 25, 1982 be and it is hereby 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
amended and restated Development Plan submitted by 
the Developer prepared by Daft - McCune - Walker, Inc. 

, dated attached hereto and made a 

part hereof, including the following: Existing Conditions 
(Sheet 1, dated February 13, 1995) , Proposed Master 
Plan (Sheet 2, dated May 12, 1995) , Landscape 
Improvement/Forest Conservation, (Sheet 3, dated May 
12, 1995) , and Building Envelopes (Sheet 4, dated May 
12, 1995) , be and it is hereby approved provided that in 
addition to the modification procedures outlined in 
Section 12.0- lb of the Zoning Code, the design of future 
structures not shov\m on the Development Plan will be 
subject to design approval by the Planning Commission. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
area consisting of approximately 1.18 acres located at the 
west comer of the United States Fidelity and Guaranty 
Company property in Baltimore City and designated as 
"1.18 City Parcel" on Proposed Master Plan (Sheet 2) be 
included as part of the Planned Unit Development 
pursuant to Article 30 Sections 12.0-1 and 12.0-3 of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) and such inclusion is hereby approved. 



305 



Ord. 565 



SEC. 5 4. AND BE IT FURTHER ORDAINED, That in 
accordance with the provisions of Section 12.0-3a of said 
Article 30, the following uses are permitted within the 
Planned Development: (a) all uses currently permitted in 
the 0-R-l Zoning District and such additional uses as 
shall in the future be permitted in the O-R-1 Zoning 
District, (b) educational and hoteling facilities, (c) a 
hospitality center, (d) data processing, purchasing and 
supply, and other support services, (e) recreational 
facihties, and (f) a residence ar e p e rmitt e d within th e 
Plann e d Devolopmont. 

SEC. 4 5. AND BE IT FURTHER ORDAINED, That in 
accordance with the provisions of Section 12.0-3a(3) of 
said Article 30, permission is hereby granted for the 
establishment, maintenance and operation of the uses 
mentioned in Section 3 of this Ordinance as shown on the 
amended and restated Development Plan and in 
compliance with the provisions of this ordinance . 

SEC. 6. AND BE IT FURTHER ORDAINED. That the 
owner v^ll use reasonable efforts to operate any 
guardhouse portion of its security system so as to avoid 
traffic congestion on public streets adjacent to the PUD 
site. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
owner will restrict hours of construction in accordance 
with the Baltimore City Building Code. 

SEC. 8. AND BE IT FURTHER ORDAINED. That at the 
time of the design review, consideration will be given to 
modifying the Smith Avenue service road so that such 
road vdW be used only for the uses specified on the 
Development Plan. 

SEC. :& 9. AND BE IT FURTHER ORDAINED, That 
upon passage of this ordinance by the City Council, as 
evidence of the authenticity of the Development Plan 
which is a part hereof and in order to give notice to the 
departments which are administrating the Zoning 
Ordinance, the President of the City Council shall sign the 
Development Plan, and when the Mayor approves the 



306 



Ord. 566 



ordinance, he shall sign the Development Plan. The 
Director of Finance shall then transmit a copy of the 
ordinance and the Development Plan to the Board of 
Municipal and Zoning Appeals, the Planning Commission, 
the Supervisor of Assessments for Baltimore City and the 
Zoning Administrator. 

SEC. ^ 10. AND BE IT FURTHER ORDAINED, That 
design details such as elevations, landscaping, access, 
parking and loading to the extent not shown on the 
Development Plan, shall be revievy^ed and approved by the 
Planning Commission and by review of the Design 
Advisorv Panel , and subsequent to the passage of this 

Ordinance by the Qty Council of Baltimore, all changes in y£ 

the Development Plan shall be reviewed and approved by 7^^ 

the Planning Commission to insure that such changes are ^ 

consistent with this Ordinance. CX 






SEC. 7- 11. AND BE IT FURTHER ORDAINED, That 
this Ordinance shall take effect on the date of its 
enactment. '*^ 

Approved June 13, 1995 xz 

KURT L. SCHMOKE, Mayor ^ 



CITY OF BALTIMORE 

ORDINANCE NO. 566 

(Council Bill No. 850) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 5430 PARK HEIGHTS AVENUE 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of housing 
for the elderly , with a maximum of 90 units, on the 
property known as 5430 Park Heights Avenue, as 
outlined in red on the plats accompanying this 
ordinance. 



307 



Ord. 566 



BY authority of 

Article 30 - Zoning 

Sections 4.6-ld-5, 6.3-ld-4 and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderl y, with a maximum of 
90 units, on the property known as 5430 Park Heights 
Avenue, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.6-ld-5, 6.3- 
ld-4 and 11.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supendsor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



308 



Ord. 567 



CITY OF BALTIMORE 

ORDINANCE NO. 567 

(Council Bill No. 959) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

ALCOHOL AND DRUG ABUSE REHABILITATION 

AND TREATMENT COMMUNITY CENTER - 

1101 N. BROADWAY 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of an 
alcohol and drug abuse rehabilitation and treatment 
community cente r, with no more than 24 beds, on the 
property known as 1101 N. Broadway, as outlined in 
red on the plats accompanying this ordinance, subject 
to certification by the State of Maryland Drug Abuse 
Administratio n, and certain other conditions . 

BY authority of 

Article 30 - Zoning 
Sections 6.3-ld-5 and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an alcohol and drug abuse rehabilitation and 
treatment community cente r, with no more than 24 beds, 
on the property known as 1101 N. Broadway, as outlined 
in red on the plats accompanying this ordinance, under 
the provisions of Sections 6.3-1 d-5 and 11.0-6d of Article 
30 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended), entitied, "Zoning", subject to the 
following conditions: (1) certification by the State of 
Maryland Drug Abuse Administration ; (2) that any 
change in operator or increase in the number of beds over 
24 shall be subject to approval bv the Board of Municipal 
and Zoning Appeals after public hearing; (3) that the 



309 



Old. 568 



operator of the facility shall provide signage which 
prohibits loitering on the property; and C4) that the 
signage be consistent with the residential character of the 
area. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the follov^g: the Board 
of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 568 

(Council Bill No. 1049) 

AN ORDINANCE concerning 

BEVERAGE CONTAINER TAX - PHASE OUT 

FOR the purpose of phasing out the tax on non-reusable 
beverage containers. 

BY repealing and reordaining with amendments 
Aiticle 28 - Taxes 
Subtide - Beverage Container Tax 



310 



I 



Ord. 568 



Section 91(a) 

Baltimore Qty Code (1983 Replacement Volmne, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 28 - TAXES 

Beverage Container Tax 

91. Beverage container tax. 

(a) There is hereby imposed a tax to be paid and 
collected as hereinafter provided upon every distributor 
who supplies to a dealer in Baltimore Qty non-reusable 
beverage containers containing beverages as defined 
herein, at the rate of 2 cents upon each non-reusable 
beverage container which has a normal capacity up to 
and including sixteen (16) fluid ounces, and 4 cents upon 
each non-reusable beverage container which has a normal 
capacity in excess of sixteen (16) fluid ounces. 
BEGI^;^JING ON JULY 1, 1996 AND UNTIL JULY 1, 1998, 
THE R.^TES SHALL BE 1 CEbH UPON R^CH NQN 
REUSi^LE BEV^ERAGE CO^^^AI^JER WHICH YIAS A 
NQRJ^lx^ G^Px^CITY UP TO A^.T) I^JCLUDI^JG SIXTEEN 
(16) FLUID QU^JCES, AND 2 CE>JTS UPON Ei^CH NQN 
PJlUSx^LE BEVEP^GE CQNTAIhJER WHICH H.^S A 
NORMAL CAPACITY IN EXCESS OF SDrrEE>J (16) FLUID 
OU^;CES. on JUT^Y l, 1998 AhfD THEPJE. ' XFTER, THE RE 
SHALL BE NO TAX ON NON PcEUSABLE BE\^ER.^GE 
COOT.WJEP.S. THE RATE OF TAX IMPOSED BY THIS 
SECTION SHALL BE: 

CD AFTER DECEMBER 31. 1995, ON NON- 
REUSABLE BEVERAGE CONTAINERS UP TO AND 
INCLUDING 22 OUNCES IN SIZE, 1 CENT: 



311 



Ord. 569 



(2) AFTER DECEMBER 31, 1995, ON NON- 
REUSABLE BEVERAGE CONTAINERS OVER 22 
OUNCES IN SIZE, 4 CENTS: 

C3) AFTER JUNE 30, 1996, ON ALL NON- 
REUSABLE BEVERAGE CONTAINERS. 1 CENT; 
AND 

C4) AFTER JUNE 30, 1997, ON ALL NON- 
REUSABLE BEVERAGE CONTAINERS, CENTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on th e 30th day after the date 
of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 569 

(Council Bill No. 1125) 

AN ORDINANCE concerning 

CITY STREET - OPENING EASTERN AVENUE 

FOR the purpose of condemning and opening Eastern 
Avenue, extending from Jones Falls Westerly 451.6 
feet, more or less, to the end thereof in accordance 
with a plat thereof numbered 305-C-5 prepared by the 
Survey Control Section and filed in the Office of the 
Department of Public Works, on the Seventh (7th) day 
of October, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 



312 



Ord. 569 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and open Eastern Avenue, extending from 
Jones Falls Westerly 451.6 feet, more or less, to the end 
thereof; the said Eastern Avenue hereby directed to be 
condemned for said opening being described as follows: 

Beginning for the same at the point formed by the 
intersection of the line of the southernmost extremity of 
West Falls Avenue, 50 feet wide, and the east side of said 
West Falls Avenue, said point of beginning being distant 
South 14* 41' 05" East 500.34 feet measured along the 
east side of said West Falls Avenue from the south side of 
Pratt Street, varying in width, and running thence binding 
on the east side of said West Falls Avenue, if projected 
southerly, South 14° 41' 05" East 115.30 feet to intersect 
the southeast side of Eastern Avenue, varying in width; 
thence binding on the southeast and east sides of said 
Eastern Avenue, the three following courses and 
distances; namely, by a line curving to the left with a 
radius of 52.40 feet the distance of 41.92 feet which arc 
is subtended by a chord bearing South 63"* 51' 43" West 
40.81 feet, by a line curving to the right with a radius of 
108.32 feet the distance of 86.66 feet which arc is 
subtended by a chord bearing South 63* 51' 43" West 
84.36 feet and South 03° 13' 14" East 13.26 feet to 
intersect the south side of Eastern Avenue, 175 feet wide; 
thence binding on the south side of last said Eastern 
Avenue, South 86° 46' 46" West 340.15 feet to the 
westernmost extremity of last said Eastern Avenue; thence 
binding along the westernmost extremity of last said 
Eastern Avenue, North 04° 06' 55" West 175.02 feet to 
the north side of last said Eastern Avenue, and thence 
binding on the north side of last said Eastern Avenue, and 
on the north side of Eastern Avenue, varying in width, 
North 86° 46' 46" East 435.27 feet to the place of 
beginning. 

All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 



313 



L. 



Ord. 570 



The said Eastern Avenue as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore Gty and delineated and 
particularly shown on a plat numbered 305-C-5 which 
was filed in the Office of the Department of Public Works 
on the Seventh (7th) day of October in the year 1994 and 
is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said 
Eastern Avenue and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated 
by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore Qty (1964 
Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the 



cE Department of Legislative Reference. 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 570 

(Council Bill No. 1126) 

AN ORDINANCE concerning 

CITY STREET - CLOSING WEST FALLS AV^ENUE 
AND PORTIONS OF EASTERN AVENUE 



314 



Ord. 570 



FOR the purpose of condemning and closing (1) West 
Falls Avenue, extending from Pratt Street, South 14° 
41' 05" East 500.3 feet, more or less, to the end 
thereof, and (2) two portions of Eastern Avenue 
extending from Jones Falls Westerly, 435 feet, more or 
less, and 340 feet, more or less respectively, in 
accordance with a plat numbered 305-C-5A prepared 
by the Survey Control Section and filed in the office of 
the Department of Public Works, on the Seventh (7th) 
day of Ckrtober, 1994. 

By authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close (1) West Falls Avenue extending 
from Pratt Street, South 14° 41' 05" East 500.3 feet, more 
or less, to the end thereof, and (2) two portions of 
Eastern Avenue, extending from Jones Falls Westerly 435 
feet, more or less, and 340 feet, more or less respectively; 
the said West Falls Avenue and portions of said Eastern 
Avenue directed to be condemned for said closing being 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Pratt Street, varying in 
width, and the east side of West Falls Avenue, 50 feet 
wide, and running thence binding on the east side of said 
West Falls Avenue, South 14° 41' 05" East 500.34 feet to 
the southernmost extremity of said West Falls Avenue; 
thence binding on the southernmost extremity of said 
West Falls Avenue, South 86" 46' 46" West 82.72 feet; 
thence binding on the northwest and west sides of said 
West Falls Avenue the two following courses and 
distances; namely. North 34° 08' 03" East 41.27 feet and 
North 14° 41' 05" West 467.41 feet to intersect the south 
side of said Pratt Street and thence binding on the south 



315 



c: 

c: 



Ord. 570 



side of said Pratt Street, Nonh 87** 22' 45" East 51.13 feet 
to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by 
the intersection of the southernmost extremity of West 
Falls Avenue, 50 feet wide, and the east side of said West 
Falls Avenue, said point of beginning being distant South 
14* 41' 05" East 500.34 feet measured along the east side 
of said West Falls Avenue from the south side of Pratt 
Street, varying in width, and running thence binding on 
the line of the east side of said West Falls Avenue, if 
projected southerly, South 14** 41' 05" East 64.47 feet to 
intersect the north side of Eastern Avenue, as realigned; 
thence binding on the north and west sides of Eastern 
Avenue, as realigned, the six following courses and 
distances; namely, South 86° 36' 33" West 17.08 feet, 
South 86° 25' 34" West 224.89 feet. South 85° 53' 05" 
West 174.78 feet. South 04° 06' 55" East 8.00 feet, by a 
line curving to the left with a radius of 63.00 feet the 
distance of 102.66 feet which arc is subtended by a chord 
bearing South 04° 21' 11" East 91.67 feet and South 03° 
13' 14" East 8.00 feet to intersect the south side of 
Eastern Avenue, 175 feet wide; thence binding on the 
south side of last said Eastern Avenue, South 86° 46' 46" 
West 30.55 feet to intersect the westernmost extremity of 
last said Eastern Avenue; thence binding along the 
westernmost extremity of last said Eastern Avenue, North 
04° 06' 55" West 175.02 feet to the north side of last said 
Eastern Avenue and thence binding in part on the north 
side of last said Eastern Avenue, in part on the north side 
of Eastern Avenue, varying in width, and in all, North 86° 
46' 46" East 435.27 feet to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the line of the east side of West Falls 
Avenue, 50 feet wide, if projected southerly, and the 
southeast side of Eastern Avenue, varying in width, said 
point of beginning being distant South 14° 41' 05" East 
615.64 feet measured along the east side of said West 
Falls Avenue and on said line of the east side of said West 
Falls Avenue, so projected, from the south side of Pratt 
Street, varying in width, and running thence binding on 
the southeast and east sides of said Eastern Avenue, the 



316 



Ord. 570 



three following courses and distances; namely, by a line 
curving to the left with a radius of 52.40 the distance of 
41.92 feet which arc is subtended by a chord bearing 
South 63** 51' 43" West 40.81 feet, by a line curving to 
the right with a radius of 108.32 feet the distance of 
86.66 feet which arc is subtended by a chord bearing 
South 63" 51' 43" West 84.36 feet and South 03" 13' 14" 
East 13.26 feet to intersect the south side of Eastern 
Avenue, 175 feet wide; thence binding on the south side 
of last said Eastern Avenue, South 86° 46' 46" West 
224.99 feet to intersect the east side of Eastern Avenue, 
as realigned; thence binding on the east, southeast and 
south sides of last said Eastern Avenue, the five following 
courses and distances; namely, North 03° 13' 14" West 
8.00 feet, by a line curving to the left with a radius of 
63.00 feet the distance of 59.89 feet which arc is 
subtended by a chord bearing North 17° 21' 44" East 
57.66 feet. North 85° 53' 05" East 68.69 feet. North 86° 
48' 14" East 234.00 feet and North 86° 46' 04" East 17.13 
feet to intersect the line of the east side of said West Falls 
Avenue, if projected southerly, and thence binding on the 
line of the east side of said West Falls Avenue, if 
projected southerly. South 14° 41' 05" East 0.97 foot to 
the place of beginning. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said West Falls Avenue and f>ortions of Eastern 
Avenue as directed to be condemned being delineated 
and particularly shown on a plat numbered 305-C-5A 
which was filed in the Office of the Department of Public 
Works on the Seventh (7th) day of October in the year 
1994 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 



317 



Ord. 570 



the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 

buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ch"dinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
^r the expense of the person or persons or body corporate 

C;; desiring to erect such buildings or structures. Railroad 

j^ tracks shall be taken to be ''structures" within the meaning 

J^ of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 



318 



I- 



Ord. 571 



structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said West 
Falls Avenue and portions of Eastern Avenue and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore Qty (1964 Revision, as amended) and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all 
ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of PubUc Works and filed 
with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 571 

(CouncU Bill No. 1133) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

CONVALESCENT, NURSING, OR REST HOME - 

134 S. HILTON STREET 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of a 
convalescent, nursing, or rest home , for no more than 
1 1 residents and a resident manager apartment, on the 



319 






Ord. 571 



property known as 134 S. Hilton Street, as outlined in 
red on the plats accompanying this ordinance, subject 
to final licensure by the State Department of Health 
and Mental Hygiene. 

BY authority of 

Article 30 - Zoning 

Sections 4.7-ld-l and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as 

amended) 
and 
Article 12 - Hospitals 
Section 1 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
,' hereby granted to Wanda and Ronnie N. Harris for the 

establishment, maintenance and operation of a 
convalescent, nursing, or rest home , for no more than 11 
•^ residents and a resident manager apartment, on the 

C^ property known as 134 S. Hilton Street, as outlined in red 

i::!' on the plats accompanying this ordinance, under the 

5i provisions of Sections 4.7-ld-l and 11.0-6d of Article 30 

of the Baltimore City Code (1983 Replacement Volume, 
as amended) tided "Zoning", and Section 1 of Article 12, 
title "Hospitals" of the Baltimore City Code (1983 
Replacement Volume, as amended), subject to final 
licensure by the State Department of Health and Mental 
Hygiene. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qt>' Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 



320 



Ord. 572 



Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 572 

(Council Bill No. 1153) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
LIGHTHOUSE POINT 

FOR the purpose of approving the application of East 
Harbor Marine Center, L.L.C., owner of those certain 
four (4) parcels of land known as 2701 Boston Street, 
1222 South Lakewood Avenue, and 1210 South 
Lake wood Avenue (which consists of two parcels) and 
those certain two (2) riparian rights parcels located in 
Baltimore Qty on the southwest side of Boston Street 
known as 2711 and 2727 Boston Street, all consisting 
of 11.263 acres of fast land, more or less, together 
with a pier containing approximately one acre, and 
together with the riparian area adjacent thereto, 
consisting of 19.990 acres of riparian rights, more or 
less (the "Property"); to have the Property designated 
as a Business Planned Unit Development, and to 
replace the existing Planned Unit Development 
currently affecting a portion of the Property, all in 
accordance with Sections 12.0-1 and 12.0-4 of Article 
30 of the Baltimore City Code (1983 Replacement 
Volume, as amended); and to approve the 



321 



Ord. 572 



development plan submitted by East Harbor Marine 
Center, L.L.C. 

BY authority 

Article 30 - Zoning 
Section 12.0-1 and 12.0-4 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, By Ordinance No. 1169, adopted by the 
Mayor and Qty Council on November 23, 1987, a portion 
of the Property was designated as an Industrial Planned 
Unit Development and said Ordinance provided for a 
certain Development Plan; and 

WHEREAS, By Ordinance No. 413, adopted by the 
Mayor and Qty Council on December 5, 1989, a portion 
', of the property was rezoned to a B-3-2 zone and was 

^ amended to a Business Planned Development in lieu of an 

c Industrial Planned Development, and a new Development 



•" Plan was provided; and 

iz WHEREAS, The portion of the Property subject to 

i J Ordinance No. 1169 and Ordinance No. 413 was acquired 

^"^^ by East Harbor Marine Center, L.L.C. in 1994 from the 

purchaser at a foreclosure sale; and 

WHEREAS, East Harbor Marine Center, L.L.C. acquired 
the two parcels comprising 1210 South Lakewood Avenue 
in 1994 and acquired the parcel known as 1222 South 
Lakewood Avenue in 1995; and 

WHEREAS, East Harbor Marine Center, L.L.C. 
implemented a minor amendment to the P.U.D. 
Ordinance No. 413, which was approved by the Planning 
Commission on May 16, 1994, to permit limited 
improvements to the site; and 



WHEREAS, The Owner now desires to implement an 

entirely new plan of Development for the Property, 
incorporating all referenced parcels of land and riparian 
rights, and involving development of significantly lower 



322 



Ord. 572 



density than provided for in P.U.D. Ordinance No. 413; 

and 

WHEREAS, On February 25, 1995, representatives of 
East Harbor Marine Center, L.L.C. met v^th the 
Department of Planning of Baltimore Qty to hold a pre- 
petition conference to explain the scope and nature of 
existing and proposed development on the Property in 
order to institute proceedings to replace P.U.D. Ordinance 
413 with this Ordinance; and 

WHEREAS, East Harbor Marine Center, L.L.C. hereby 
makes formal application to the Qty Council of Baltimore 
Qty and together herewith has submitted the requisite 
Development Plan, consisting of plans entitled Major 
Amendment to Plarmed Unit Development for Lighthouse 
Point (formerly Baltimore International Yachting Center) 
sheets 1 through 9, dated March 16, 1995, as amended 
on April 18, 1995 intended to satisfy the requirements 
specified in Sections 12.0-1 and 12.0-4 of Article 30 of 
the Baltimore Qty Code (1983 Replacement Volimie, as 
amended); and 

WHEREAS, East Harbor Marine Center, L.L.C., in 
requesting the introduction of this bill, signifies its 
intention to implement, execute and substantially 
complete the development of the Property in accordance 
with the Development Plan and the provisions hereof; 
now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
East Harbor Marine Center, L.L.C. concerning the 
Property located on the southwest side of Boston Street, 
said property consisting of 11.263 acres of fast land, more 
or less, together with a pier containing approximately one 
acre, and together with the riparian area adjacent thereto, 
comprising 19.990 acres of riparian rights, more or less, 
as outlined in the Development plan accompanying this 
Ordinance, to designate said property as a Business 
Planned Unit Development pursuant to Article 30, 
Sections 12.0-1 and 12.0-4 of the Baltimore Qty Code 



323 



Ord. 572 

(1983 Replacement Volume, as amended) be and it is 
hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan submitted by East Harbor Marine 
Center, L.L.C. be and it is hereby approved and made a 
part hereof. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in 
accordance with the provisions of Section 12.0-4(a), the 
following uses are permitted within the Planned Unit 
Development: 

(a) All uses permitted by the provisions of Article 
30, Section 6.3-1. 

(b) In addition: 

r 

^ 1. Marinas. 

C 

•^ 2. Acc e ssor^'- off otr ee t parldng garag e s. 

il 

{; 5 2. Accessory open off-street parking. 

2r 4 3. Outdoor table service when accessory to a 

r: restaurant. 



5- 4. Maritime suppliers and servicing, including 
fuel pier. 

6 5. Fuel dock. 

7 6. Outdoor boat storage. 

% 7. Indoor boat storage, including racks for the 
high and dry storage of 200 boats. 

9 8. Boatyard. 

4^ 9. Boat repairs and maintenance. 

44 10. Travel lift. 



324 



Ord. 572 



43 11. Boat sales, servicing and display 
establishment. 

4S 12. Restaurants. 

44 13. Catering for uses such as weddings, 
christenings, and yacht club meetings and events. 

45^ 14. Swimming pool (year round), cabana, 
food kiosk and accessory structures. 

44 15. Retail sales consistent with B-1, B-2, 
and B-3 uses (excluding: automobile accessory stores - 
including repair and automobile glass and mirror shops; 
automobile installation; painting shops; automobile seat 
cover and convertible top establishments; motor vehicle 
sales; garages for storage, repair and servicing of motor 
vehicles; and automobile service stations). 

47 16. Offices. 

45 17. Harbormaster building. 

49 18. Townhouses. 

30 19. Future midrise apartment building 
Umited to 80 imits and a height of 72 feet. 

34 20. Eighty apartment units to be constructed 
above the building designated on the Development Plan 
for high and dry storage, with a height limitation of 72 
feet. 

33 21 . Sale of beer, wine and liquor. 

35 22. Commimity meeting room. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
minimum yard requirements shall not be applicable to 
specific lots created vsdthin the Business Planned Unit 
Development. 



325 



Ord. 572 



SEC. 5. AND BE IT FURTHER ORDAINED, That: 

(a) The developer of the Property shall construct 
along the water's edge a public promenade of varying 
depth (with a minimum 12 foot wide walkway), such 
promenade to be built in phases and as approved by the 
Planning Commission. 

(b) The maximum height of buildings on the 
Property shall be as set forth on the Development Plan^ 
however, no building shall exceed 72 feet in height . 

SEC. 6. AND BE IT FURTHER ORDAINED, That 
subsequent to the passage of this Ordinance by the Qty 
Council, any substantial changes in the approved 
Development Plan for the Property shall be reviewed and 
approved by the Planning Commission to insure that such 

i changes are consistent with this Ordinance. 

» 

C SEC. 7. AND BE IT FURTHER ORDAINED, That 



ji subsequent to the passage of this Ordinance by the Qty 

!7 Council, all plans for construction of permanent 

(^ improvements upon the Property shall be reviewed and 

ii approved by the Planning Commission to insure that such 

Jr plans are consistent with the Development Plan and this 

r: Ordinance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That upon 
passage of this Ordinance by the Qty Council, as evidence 
of the authenticity of the Development Plan which is a 
part hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the City Council shall sign the Development 
Plan, and when the Mayor approves the Ordinance, he 
shall sign the Development Plan. The Director of Finance 
shall then transmit a copy of the Ordinance and the 
Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator of Baltimore Qty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this 
Ordinance supersedes and replaces Ordinance No. 1169 



326 



Ord. 573 



of 1987 and Ordinance 413 of 1989 and any minor 
amendments thereto ; however, the provisions of the 
Canton Urban Renewal Plan as amended from time to 
time shall remain in full force and effect . 

SEC. 10. AND BE IT FURTHER ORDAINED, That all 
live entertainment shall be restricted to indoor areas 
within structures approved under the provisions of this 
plan. 

SEC. 40 11 . AND BE IT FURTHER ORDAINED, That 
this Ordinance shall take effect on the date of its 
enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 573 

(Council Bill No. 1193) 

AN ORDINANCE concerning 

PEDIATRIC IMMUNIZATION REGISTRY 

FOR the purpose of authorizing the Commissioner of 
Health to establish a registry of childhood 
immunization histories. 

BY adding to 

Article 11 - Health 

Section 21 lA through 21 IC, inclusive, to be imder the 

new subtide "Pediatric Immunization Registry" 
Baltimore Qty Code (1983 Replacement Volimae, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 



327 



I. 
c 



I. 



Ord. 573 

amended) be added, rep)ealed, or amended, to read as 
follows: 

ARTICLE 11 - HEALTH 

PEDL^TRIC IMMUNIZATION REGISTRY 

21 lA PURPOSE. 

(A) INASMUCH AS IMMUNIZATIONS ARE A PROVEN 
PREVENTIVE MEASURE TO REDUCE THE MORBIDITY 
AND MORTALITY ASSOCL\TED WITH CHILDHOOD 
COMMUNICABLE DISEASES, IT IS HEREBY DECLARED 
TO BE NECESSARY FOR THE SAFEGUARDING OF 
PUBLIC HEALTH AND WELFARE THAT THE CITY 
ATTAIN AND SUSTAIN AN IMMUNIZATION COVERAGE 
RATE OF AT LEAST 90% FOR AGE-APPROPRL\TE 
VACCINATIONS AMONG INFANTS AND PRE-SCHOOL 
CHILDREN RESIDING IN BALTIMORE CITY. 

(B) FOR THIS PURPOSE THE COMMISSIONER OF 
HEALTH SHALL PROMULGATE REGULATIONS TO 



C3 IMPLEMENT A REGISTRY OF VACCINATION HISTORY 



FOR CHILDREN RESIDING IN BALTIMORE CITY. 

21 IB. REPORT OF IMMUNIZATIONS. 

WITHIN 14 DAYS AFTER ADMINISTERING AN 
IMMUNIZING AGENT TO ANY CHILD UNDER 5 YEARS 
OF AGE RESIDING IN BALTIMORE CITY, EACH 
PEDL\TRIC, FAMILY, AND GENERAL HEALTH CARE 
PROVIDER SHALL SUBMIT A REPORT TO THE 
COMMISSIONER OF HEALTH IN WRITING IN A FORMAT 
DESIGNATED BY THE COMMISSIONER. 

21 IC. PENALTY PROVISIONS. 

ANY PERSON WHO VIOLATES A PROVISION OF 
THIS SUBTITLE OR A REGULATION ADOPTED UNDER IT 
IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED 
$1000 FOR EACH VIOLATION. IN ADDITION TO 
IMPOSING A FINE, A JUDGE MAY ISSUE AN ORDER FOR 
THE WITHHOLDING OF PUBLICLY DISTRIBUTED 



328 



Ord. 574 



VACCINES AND/OR PEDIATRIC PRIMARY CARE 
FUNDING, AND MAY ORDER THE BALTIMORE CITY 
HEALTH DEPARTMENT TO CONDUCT A MEDICAL 
RECORDS AUDIT OF THE HEALTH CARE PROVIDER, 
THE COST OF THE AUDIT BEING A DEBT DUE AND 
OWING TO THE CITY FROM THE HEALTH CARE 
PROVIDER. 

SEC, 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor yj:^ 



CITY OF BALTIMORE 
ORDINANCE NO. 574 
(Council Bill No. 1215) 



»iX*. 



AN ORDINANCE concerning tz 

BOND ISSUE - ASBESTOS MANAGEMENT LOAN - T 

$1,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution II of 
1995 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding One MiUion 
Dollars ($1,000,000.00), the proceeds derived from 
the sale thereof to be used to pay the costs of asbestos 
inspection, removal, encapsulation, management, 
contaiimient and abatement in existing buildings, 
structures and facilities owned or controlled by the 
Mayor and Qty Council of Baltimore, to be or now 
being used for or in connection with the operations, 
functions and activities of the Mayor and City Council 
of Baltimore; the payment of any and all costs and 
expenses incurred for or in connection with doing any 



329 



Ord. 574 



or all of the things herein mentioned, including, but 
not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional sendees; and for 
doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; 
conferring and imposing uf>on the Board of Finance of 
Baltimore Qty certain powers and duties; authorizing 
the submission of this Ordinance to the legal voters of 
the Qty of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in 
Baltimore Qty on Tuesday, the 7th day of November, 
1995 and providing for the expenditure of the 
, proceeds of sale of said certificates of indebtedness in 

I accordance with the provisions of the Charter of the 

' Mayor and Qty QDuncil of Baltimore, and by the 

C municipal agency designated in the annual Ordinance 

- of Estimates of the Mayor and Qty CouncU of 

r Baltimore. 



WHEREAS, By Resolution II of 1995 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding One MiUion Dollars 
($1,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection with the operations, 
functions, and activities of the Asbestos Management 
Program of Baltimore Qty as authorized by said 
Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR ANT) 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 



330 



Ord. 574 



Finance of sdd municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amoimt not exceeding One Million Dollars 
($1,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective imless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be detemmied by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by liie Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 



331 



Ord. 574 



(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

i 

I (c) If the bonds are to be sold at public sale, the 

' time, place, manner and medium of advertisement of the 

'C readiness of the Board of Finance, acting for and on 

j- behalf of the Mayor and Qty Council of Baltimore, to 

jr receive bids for the purchase of the bonds authorized to 

(5 be issued hereunder or any part thereof; the form, terms 

-i and conditions of such bids; the time, place and manner 

;" of awarding bonds so bid for, including the right 

- . whenever any of the bonds authorized by this Ordinance 

are offered for sale and sold at the same time as other 
bonds of the City, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to tlie provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 



332 



I 



L 



Ord. 574 



(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereoO, shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Coimcil of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 



333 



o 



I. 



c:. 



Ord. 574 



whicli the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to vAt: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 



'C . printing, advertising, attorneys' fees, and all other 

•^ incidental expenses connected therewith (which may 



include the proportion of the compensation of employees 
(5 and general administrative expenses of the Department of 

^t Finance reasonably allocated to the issuance of the 

j^ bonds); and 

(b) The remainder of such proceeds shall be used 
for the costs of asbestos inspection, removal, 
encapsulation, management, containment, and abatement 
in existing buildings, structures and facilities owned or 
controlled by the Mayor and Qty Council of Baltimore, to 
be or now being used for or in connection with the 
operations, functions and activities of the Mayor and Qty 
Council of Baltimore; the payment of any and all costs 
and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, but 
not limited to, die costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned. 



334 



Ord. 574 



(c) Tho use of th e procoodc of the sal e of the bonds 
shall b e limitod to e xp e nditur e s for capital improv e m e nt 
proj e cts having an e stimated averag e service life of not 
loss than fiftoon (15) yoars^ and such proc ee ds shall not b e 
used for current op e rating e xp e nses of th e City or oth e r 
legal entit>^ 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empov^ered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection v^th the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the pubHc purpose of: 

(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

335 



Ord. 574 



(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 

^ of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
, - and sold under the provisions of this Ordinance may be 
c5 issued to mature on such dates and in such amounts as 

\ * the Board of Finance may determine; provided that the 

: entire principal amount represented by the refunding 

bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty Council of Baltimore. If 
the Board of Finance determines to sell the refunding 
bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Cbuncil of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 



336 



Ord. 574 



(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obHgations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



337 



Ord. 575 

CITY OF BALTIMORE 

ORDINANCE NO. 575 

(Council Bill No. 1216) 

AN ORDINANCE concerning 

BOND ISSUE - COMMUNITY DEVELOPMENT LOAN - 
$8,000,000 

FOR the purpose of authorizing the Mayor and City- 
Council of Baltimore (pursuant to Resolution VI of 
I 1995 approved by the members of the General 

Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amoimt not exceeding Eight 
Million Dollars ($8,000,000.00), the proceeds derived 
"' from the sale thereof to be used for the cost of 

<: issuance, including the expense of engraving, printing, 

i- • advertising, attorneys' fees, and all other incidental 

•7 • expenses connected therewdth, and the remainder of 

(5 . such proceeds to be used for or in connection v^th 

ii" planning, developing, executing, and making operative 

Jr. . t±ie Community Development Program of the Mayor 

r: and Qty Council of Baltimore, including, but not 

Umited to, the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or 
property, or any right, interest, franchise, easement or 
privilege therein, in the Qty of Baltimore; the payment 
of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and 
management of said land or property, including any 
and all rights or interest therein hereinbefore 
mentioned; the payment of any and all costs and 
expenses incurred for or in connection with relocating 
and moving persons or other legal entities displaced 
by the acquisition of said land or property, or any of 
the rights or interest therein hereinbefore mentioned; 
the development, or redevelopment, including, but not 
limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or 
interests therein hereinbefore mentioned, in the Qty of 



338 



Ord. 575 



Baltimore, and the disposition of land and property for 
such purposes; the elimination of unhealthful, 
unsanitary or unsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the 
public welfare or otherwise removing or preventing 
the spread of blight or deterioration in the Qty of 
Baltimore; the demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utihties or services, and other 
structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements; the payment of 
any and all costs and expenses incurred for or in 
connection with doing any or all of the things herein 
mentioned, including, but not Hmited to, the costs and 
expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional 
services; authorizing the making of loans and grants to 
persons and other legal entities; and for doing any and 
all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or 
things hereinbefore mentioned; authorizing the 
issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore Qty certain 
powers and duties; authorizing the submission of this 
Ordinance to the legal voters of the Gty of Baltimore, 
for their approval or disapproval, at the Municipal 
Election to be held in Baltimore Qty on Tuesday, the 
7th day of November, 1995 and providing for the 
expenditure of the proceeds of sale of said certificates 
of indebtedness in accordance with the provisions of 
the Charter of the Mayor and Qty Q)imcil of 
Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and 
Qty Council of Baltimore. 

WHEREAS, By Resolution VI of 1995 approved by tlie 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 



339 



Ord. 575 



"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Eight Million Dollars 
($8,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection with the Community 
Development Program of the Mayor and Qty Council of 
Baltimore as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Eight Million Dollars 
C$8,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 



340 



Ord. 575 



(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at pubUc sale, the 
time, place, manner and mediimi of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Coimcil of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 



341 



Ord. 575 



basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 
I 
* (b) The debt authorized by the provisions of this 

Ordinance, and the bonds issued and sold pursuant 
4C thereto and their transfer, and the principal and interest 

ly payable thereon (including any profit made in the sale 

•* thereof), shall be and remain exempt from any and all 

•C; State, county and municipal taxation in the State of 

',^9 Maryland. 

i^[ (c) All bonds issued and sold pursuant to the 

i^- provisions of this Ordinance may be sold at public sale by 

-r ; the solicitation of competitive bids or at private 

r: (negotiated) sale vvithout advertisement or solicitation of 

competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 



342 



I 



Ord. 575 



Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 

shall be given to the pubHc of the amoimt of money ] 

which the Mayor and Qty Council of Baltimore is t 
authorized to borrow, and the general purposes for which 

such borrowed funds may be expended, under the terms :: 

and provisions of this Ordinance, and the time when the I 

election hereinbefore mentioned is to be held; and such *^ 

public notice shall be given in such manner and by such 3 
means or through such media and at such time or times 

as may be determined, from time to time, by a majority of '- 

the Board of Finance. - 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds); and 

Cb) The remainder of such proceeds shall be used 
for or in connection with planning, developing, executing 
and making operative the Conmiimity Development 



343 



Ord. 575 



Program of the Mayor and Qty Council of Baltimore, 
including, but not limited to: 

(i) The acquisition, by purchase, lease, 
condemnation, or any other legal means, of land or 
property, or any right, interest, franchise, easement or 
privilege therein, in the Qty of Baltimore; 

(ii) The payment of any and all costs and 
expenses incurred in connection with or incidental to the 
acquisition and management of said land or property, 
including any and all rights or interest therein 
hereinbefore mentioned; 

(iii) The payment of any and all costs and 
expenses incurred for or in connection with relocating 
and moving persons or other legal entities displaced by 
the acquisition of said land or property, or any of the 
rights or interests therein hereinbefore mentioned; 



•c: 

jii* (iv) The development or redevelopment, 

!•• including, but not limited to, the comprehensive 

c3c renovation or rehabilitation of any land or property, or 

i^: any rights or interests therein hereinbefore mentioned, in 

^z: the City of Baltimore, and the disposition of land and 

": property for such purposes; 

(v) The elimination of unhealthful, unsanitary 
or unsafe conditions, lessening density, eliminating 
obsolete or other uses detrimental to the public welfare or 
otherwise removing or preventing the spread of blight or 
deterioration in the Qty of Baltimore; 

(vi) The demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures 
or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements; 

(vii) The payment of any and all costs and 
expenses incurred for or in connection with doing any or 



344 



Ord. 575 



all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; 

(viii) The making of loans and grants to persons 
and other legal entities engaged in the acquisition, 
development, redevelopment, rehabilitation and 
disposition of land and property, including any right, 
interest, franchise, easement or privilege therein in the 
Qty of Baltimore; and 

(ix) Doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all 
of the matters or things hereinbefore mentioned. 

All such land or property shall be acquired, 
developed, redeveloped, renovated, rehabilitated, altered, 
improved, held or disposed of, as provided by law. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Coimcil of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to piurchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 



345 






Ord. 575 



redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction 
It in the cost of debt service; or 



L 



<U 



(ii) Is determined by the Board of Finance of 
c ; the Mayor and Qty Council of Baltimore to be in the best 

interests of Baltimore Qty, to be consistent with 
Baltimore Qtys long-term financial plan, and to realize a 
(5^ financial objective of Baltimore Qty including, improving 

^ ■* • the relationship of debt service to a source of payment 

such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 



346 



Ord. 575 



(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty Coimcil of Baltimore. If 
the Board of Finance determines to sell the refunding 
bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty G^imcil of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by liie Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Coimcil of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 



347 



Ord. 576 



time to time be established by the Mayor and City Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Coimcil of Baltimore, 
and by the municipal agency designated in the aimual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved Jime 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 576 



<: 

j^* (Council Bill No. 1217) 

a 

Oc AN ORDINANCE concerning 

BOND ISSUE - ECONOMIC DEVELOPMENT LOAN - 
$6,500,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution VII of 
1995 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Six Million 
Five Hundred Thousand Dollars ($6,500,000.00), the 
proceeds derived from the sale thereof to be used for 
the cost of issuance, including the expense of 
engraving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therev^th, and 
tlie remainder of such proceeds to be used for or in 
connection with planning, developing, executing, and 
making operative the commercial and industrial 
economic development program of the Mayor and Qty 
Council of Baltimore, including, but not limited to, the 



348 



vn: 



Ord. 576 



acquisition, by purchase, lease, condemnation or any 

other legal means, of land or property, or any right, 

interest, franchise, easement or privilege therein, in 

the Qty of Baltimore; the payment of any and all costs 

and expenses incurred in connection with or incidental 

to the acquisition and management of said land or 

property, including any and all rights or interest 

therein hereinbefore mentioned; the payment of any 

and all costs and expenses incurred for or in 

connection with relocating and moving persons or 

other legal entities displaced by the acquisition of said 

land or property, or any of the rights or interests 

therein hereinbefore mentioned; the development, or 

redevelopment, including, but not limited to, the 

comprehensive renovation or rehabilitation of any land 

or property, or any rights or interests therein 

hereinbefore mentioned, in the Qty of Baltimore, and 

the disposition of land and property for such purposes; 

the elimination of unhealthful, unsanitary or unsafe 

conditions, lessening density, eliminating obsolete or :y 

other uses detrimental to the public welfare or — 

otherwise removing or preventing the spread of blight i^ 

or deterioration in the Qty of Baltimore; the z: 

demolition, removal, relocation, renovation or 

alteration of land, buildings, streets, highways, alleys, 

utilities or sendees, and other structures or 

improvements, and for the construction, 

reconstruction, installation, relocation or repair of 

buildings, streets, highways, alleys, utilities or services, 

and other structures or improvements; the planning, 

developing, executing and making operative the 

enterprise development program of die Mayor and 

Qty Council of Baltimore for purposes of making 

equity investments in, and loans and loan guarantees 

to, enterprises, including any individual, partnership, 

joint venture, carrying on business or proposing to 

carry on business within the Qty of Baltimore, to be 

used for or in connection with the financing, 

developing, operating and administering of such 

enterprises; the payment of any and all costs and 

expenses incurred for or in connection with doing any 

or all of the things herein mentioned, including, but 

not limited to, the costs and expenses of securing 



349 



Ord. 576 



t 






ij. 



administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional services; and for 
doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of 
Baltimore Qty certain powers and duties; authorizing 
the submission of this Ordinance to the legal voters of 
the Qty of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in 
Baltimore City on Tuesday, the 7th day of November, 
1995 and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in 
accordance with the provisions of the Charter of the 
Mayor and Qty Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and Qty Council of 



C: Baltimore. 



WHEREAS, By Resolution VII of 1995 approved by the 



C5f members of the General Assembly of Maryland 



representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
n^onds") as evidence thereof, in an aggregate principal 
amount not exceeding Six Million Five Hundred Thousand 
Dollars ($6,500,000.00) in the manner and upon the 
terms set forth in the bonds, not exceeding the par value 
of the bonds, to be used in connection with the 
commercial and industrial economic development 
program as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 



350 



Ord. 576 



amount not exceeding Six Million Five Hundred Thousand 
Dollars ($6,500,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named 
and said bonds shall be sold by the Board of Finance from 
time to time and at such times as shall be requisite, and 
the proceeds derived from the sale of said bonds shall be 
used for the piuposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall 
be approved by a majority of the votes of the legal voters 
of Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
imder the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amoimt represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, imder and pursuant to the 



351 



Ord. 576 



provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

' (c) If the bonds are to be sold at public sale, the 

: time, place, manner and medium of advertisement of the 

lE readiness of the Board of Finance, acting for and on 

behalf of the Mayor and City Council of Baltimore, to 
^ receive bids for the purchase of the bonds authorized to 

c: be issued hereunder or any part thereof; the form, terms 

|5i» and conditions of such bids; the time, place and manner 

!r • of awarding bonds so bid for, including the right 

CDC whenever any of the bonds authorized by this Ordinance 

►i: are offered for sale and sold at the same time as other 

bonds of the City, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) AU premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 



352 



*» y 



Ord. 576 



payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or soHcitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at pubUc sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Coimdl of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Gty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 



353 



• t: 

»t: 
•■I 



Ord. 576 



and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

I (a) So much thereof as may be necessary, in 

; addition to the premium realized from the sale, if any, for 

; the cost of issuance, including the expense of engraving, 

il, printing, advertising, attorneys' fees, and all other 

incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
<;• and general administrative expenses of the Department of 

I^»- Finance reasonably allocated to the issuance of the 

;^rj bonds); and 

if- (b) The remainder of such proceeds shall be used 

rr: for or in connection with planning, developing, executing 

Zr. and making operative the commercial and industrial 

economic development program of the Mayor and Qty 
Council of Baltimore, including, but not limited to: 

(i) The acquisition, by purchase, lease, 
condenmation, or any other legal means, of land or 
property, or any right, interest, franchise, easement or 
privilege therein, in the Qty of Baltimore; 

(ii) The payment of any and all costs and 
expenses incurred in connection with or incidental to the 
acquisition and management of said land or property, 
including any and all rights or interest therein 
hereinbefore mentioned; 

(iii) The payment of any and all costs and 
expenses incurred for or in connection with relocating 
and moving persons or other legal entities displaced by 



354 



Ord. 576 



the acquisition of said land or property, or any of the 
rights or interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, 
including, but not limited to, the comprehensive 
renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, in 
the Qty of Baltimore, and the disposition of land and 
property for such purposes; 

(v) The elimination of unhealthful, 
imsanitary or unsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the 
public welfare or otherwise removing or preventing the 
spread of blight or deterioration in the Qty of Baltimore; 

(vi) The demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures 
or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements; 

(vii) The planning, developing, executing 
and making operative the enterprise development 
program of the Mayor and Qty Council of Baltimore for 
purposes of making equity investments in, and loans and 
loan guarantees to, enterprises, including any individual, 
partnership, joint venture, carrying on business or 
proposing to carry on business within the Qty of 
Baltimore, to be used for or in connection with the 
financing, developing, operating and administering of 
such enterprises; 

(viii) The payment of any and all costs and 
expenses incurred for or in connection with doing any or 
all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and 



355 



Ord. 576 



(ix) Doing any and all things necessary, 
proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore 
mentioned. 

All of such land or property shall be 
acquired, developed, redeveloped, renovated, 
rehabilitated, altered, improved, held or disposed of, as 
provided by law. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 

^2' shall in no way be dependent upon or related to the 

^•- validity or invalidity of the bonds being refunded. Such 

refunding bonds may be issued by the Mayor and Qty 
£^J. Council of Baltimore, acting by and through the Board of 

i^- Finance thereof, for the purpose of providing it with funds 

Er : to pay any of its outstanding bonds authorized to be 

: * issued under the provisions of this Ordinance at maturity, 

to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 



356 



I 



Ord. 576 



(1) Realizing savings to Baltimore Qty in 
the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructming that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued imder Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty GDuncil of Baltimore. If 
the Board of Finance determines to sell the refunding 



357 



Ord. 576 



bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
C Finance, and such interest shall be payable at such time 

•; . or times as may be determined by the Board of Finance. 

£: (g) The proceeds of the sale of any refunding 

JJ? bonds authorized to be issued and sold under the 

■"J provisions of this Ordinance, after the payment of 

^;' issuance costs relating thereto, shall be set aside by the 

b»- Mayor and City Council of Baltimore as a separate trust 
•^. 



fund to be used solely for the purposes stated in this 



(3,f Section 9. 



(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may ftrom 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 



358 



Ord. 577 



Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 577 

(Council Bill No. 1218) 

AN ORDINANCE concerning 

BOND ISSUE - RECREATION AND PARKS LOAN - 
$500,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution IV of 
1995 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amoimt not exceeding Five 
Hundred Thousand Dollars ($500,000.00), the 
proceeds derived from the sale thereof to be used for 
the cost of issuance, including the expense of 
engraving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therewith, and 
the remainder of such proceeds to be used for the 
acquisition, construction, reconstruction, installation, 
erection, protection, extension, enlargement, 
renovation or modernization of, and additions to, 
public park or recreational land, property, buildings, 
structures or facilities; and for the acquisition and 
installation of equipment for any and all existing 
facilities or new facilities authorized to be acquired, 
constructed, reconstructed, erected, extended, 
enlarged, renovated, modernized, improved or added 
to by the provisions hereof; the payment of any and 
all costs and expenses incurred for or in connection 
with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of 



359 



•t: 
•It 



Ord. 577 



securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional services; and for 
doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; limiting 
the use of the proceeds of the sale of the bonds to 
expenditures for capital improvement projects having 
an estimated average service life of not less than 
fifteen (15) years, and providing that such proceeds 
shall not be used for current operating expenses of the 
Qty; conferring and imposing upon the Board of 
Finance of Baltimore Qty certain powers and duties; 
authorizing the submission of this Ordinance to the 
legal voters of the Qty of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in 
Baltimore Qty on Tuesday, the 7th day of November, 
1995 and providing for the expenditure of the 
C:: proceeds of sale of said certificates of indebtedness in 

li»- accordance with the provisions of the Charter of the 

^•; Mayor and Qty Council of Baltimore, and by the 

Ofl municipal agency designated in the annual Ordinance 

ii-; of Estimates of the Mayor and Qty Council of 

g: Baltimore. 

WHEREAS, By Resolution IV of 1995 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Five Hundred Thousand Dollars 
($500,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used for Recreation and Park facilities as 
authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 

now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 



360 



Ord. 577 



Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Five Hundred Thousand Dollars 
($500,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective imless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amoimts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 



361 



■•: 
•t: 



LWI 



Ord. 577 



(a) The amount of debt to be incurred by the 
Mayor and City Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 



(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
C:: readiness of the Board of Finance, acting for and on 

^•- behalf of the Mayor and Qty Council of Baltimore, to 

p"'; receive bids for the purchase of the bonds authorized to 

t3f- be issued hereunder or any part thereof; the form, terms 

ii;; and conditions of such bids; the time, place and manner 

^: of awarding bonds so bid for, including the right 

Zz whenever any of the bonds authorized by this Ordinance 

are offered for sale and sold at the same time as other 
bonds of the City, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in wliich said 
bonds are issued and sold or during the next succeeding 
fiscal year. 



362 



Ord. 577 



(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and City Coimcil of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore City, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 



363 



Ord. 577 



which the Mayor and Gty GDuncil of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That die 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 

C Ordinance shall be used exclusively for the follovmig 

•J purposes, to wit: 

•J 

ill (a) So much thereof as may be necessary, in 



Lwl 



addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
cj: printing, advertising, attorneys' fees, and all other 

^•- incidental expenses connected therewith (which may 

-I; include the proportion of the compensation of employees 

(5j- and general administrative expenses of the Department of 

it- Finance reasonably allocated to the issuance of the 

r:; bonds); 

»-• 

(b) The remainder of such proceeds shall be used 
for the acquisition, construction, reconstruction, 
installation, erection, protection, extension, enlargement, 
renovation or modernization of, and additions to, public 
park or recreational land, property, buildings, structures 
or facilities; and for the acquisition and installation of 
equipment for any and all existing facilities or new 
facilities authorized to be acquired, constructed, 
reconstructed, erected, extended, enlarged, renovated, 
modernized, improved or added to by the provisions 
hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
and for doing any and all things necessary, proper or 



364 



Ord. 577 



expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the bonds 
shall be limited to expenditures for capital improvement 
projects having an estimated average service Ufe of not 
less than fifteen (15) years, and such proceeds shall not 
be used for current operating expenses of the Qty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 



365 



Ord. 577 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

I (c) Any refunding bonds authorized to be issued 

;; and sold under the provisions of this Ordinance may be 

•• issued in whatever principal amount shall be required to 

is: achieve the purpose for the issuance of the refunding 

IJI bonds, which amount may be in excess of the principal 

'*^ amount of the bonds refunded or the maximum principal 

Cn amount of bonds authorized to be issued under Section 1 

of this Ordinance. 






C^f* (d) Any refunding bonds authorized to be issued 

it- and sold under the provisions of this Ordinance may be 

rr; issued to mature on such dates and in such amounts as 

Si the Board of Finance may determine; provided that the 

entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices w^hich 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty QDuncil of Baltimore. If 
the Board of Finance determines to sell the refunding 
bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Qjuncil of 
Baltimore, acting by and through the Board of Finance 



366 



Ord. 577 



thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold imder the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 9, 
the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Gty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



367 



Ord. 578 






CITY OF BALTIMORE 

ORDINANCE NO. 578 

(Council Bill No. 1219) 

AN ORDINANCE concerning 

BOND ISSUE - RESIDENTIAL AND COMMERCLU 
FINANCING LOAN - $2,500,000 

(! FOR the purpose of authorizing the Mayor and Qty 

•j Council of Baltimore (pursuant to Resolution V of 

.. 1995 approved by the members of the General 

^ll Assembly of Maryland representing Baltimore Qty) to 

issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Two Million 
Five Hundred Thousand Dollars ($2,500,000.00), the 
:^.- proceeds derived from the sale thereof to be used for 

tr: the cost of issuance, including the expense of 

qJ: engraving, printing, advertising, attorneys' fees, and all 

i^-- other incidental expenses coimected therev^th, and 

H; the remainder of such proceeds to be used to make or 

^- contract to make financial loans to any person or other 

legal entity to be used for or in connection with the 
purchase, acquisition, construction, erection, 
development, rehabilitation, renovation, 
redevelopment or improvement of buildings or 
structures, including any land necessary therefore, 
within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for 
residential purposes, to guarantee or insure financial 
loans made by third parties to any person or other 
legal entity which are to be used for or in connection 
with the purchase, acquisition, construction, erection, 
development, rehabilitation, renovation, 
redevelopment, or improvement of buildings or 
strucuires, including any land necessary therefore, 
\\ithin the boundaries of Baltimore Qty, which 
buildings or structures are to be used or occupied for 
residential purposes; to make or contract to make 



368 



Ord. 578 



financial loans to any person or other legal entity to be 
used for or in connection with the purchase or 
acquisition of leasehold or fee simple interests in 
buildings or structures, and for construction, 
reconstruction, erection, development, rehabilitation 
renovation, redevelopment or improvement of 
buildings or structures, located within the boundaries 
of Baltimore Qty, which buildings or structures are to 
be used or occupied for commercial purposes; to 
guarantee or insure financial loans made by third 
parties to any person or other legal entity to be used 
for or in connection with the purchase or acquisition 
of leasehold or for simple interests in buildings or 
structures, and for construction, reconstruction, 
erection, development, rehabilitation, renovation, 
redevelopment or improvement of buildings or 
structures, located within the boundaries of Baltimore 
Qty, which buildings of structures are to be used or 
occupied for commercial purposes; and for doing any 
and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; authorizing 
the issuance of refunding bonds; conferring and 
imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission 
of this Ordinance to the legal voters of the City of 
Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty on 
Tuesday, the 7th of November, 1995 and providing for 
the expenditure of the proceeds of sale of said 
certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and Qty 
Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

WHEREAS, By Resolution V of 1995 approved by the 
members of the General Assembly of Maryland 
representing Baltimore City, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Two Million Five Hundred 



369 



:> 



••t 



Ord. 578 



Thousand Dollars ($2,500,000.00) in the manner and 
upon the terms set forth in the bonds, not exceeding the 
par value of the bonds, to be used in connection with the 
operations, residential and commercial financing as 
authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal 
amount not exceeding Two Million Five Hundred 
iji' Thousand Dollars ($2,500,000.00), from time to time, as 

may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by the Board of 
C:: Finance from time to time and at such times as shall be 

^•' requisite, and the proceeds derived from the sale of said 

^'l bonds shall be used for the purposes hereinafter named, 

(3f{ provided that this Ordinance shall not become effective 

it'l unless it shall be approved by a majority of the votes of 

r:: the legal voters of Baltimore Qty cast at the time and 

ZZ place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 



370 



Ord. 578 



(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 

majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amoimt of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, imder and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Coimcil of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the City, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 



371 



Ord. 578 



basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 

i:j thereto and their transfer, and the principal and interest 

payable thereon (including any profit made in the sale 
thereof) , shall be and remain exempt from any and all 

Cn State, county and municipal taxation in the State of 

Maryland. 



•c 

LA 



!•., 



C3f{ (c) All bonds issued and sold pursuant to the 



U.. 



provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and City Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Cir>' of 



372 



Ord. 578 



Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 

actual cash proceeds derived from the sale of the bonds 
authorized to be issued imder the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therev^th (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used 
for to make or contract to make financial loans to any 
person or other legal entity to be used for or in 



373 



1> 



Ord. 578 



connection with the purchase, acquisition, construction, 
erection, development, rehabihtation, renovation, 
redevelopment or improvement of buildings or structures, 
including any land necessary therefor, within the 
boundaries of Baltimore, which buildings or structures are 
to be used or occupied for residential purposes; to 
guarantee or insure financial loans made by third parties 
to any person or other legal entity which are to be used 
for or in connection with purchase, acquisition, 
construction, erection, development, rehabilitation, 
renovation, redevelopment, or improvement of buildings 
or structtu-es, including any land necessary therefor, 
within the boundaries of Baltimore Qty, which buildings 
or structures are to be used or occupied for residential 
purposes; to make or contract to make financial loans to 
any person or other legal entity to be used for or in 
lb connection v^th the purchase or acquisition of leasehold 

l\i or fee simple interest in buildings or structures, and for 

. '!* construction, reconstruction, erection, development, 

Cn rehabilitation, renovation, redevelopment or improvement 

^•- of buildings or structures, located within the boundaries 

2-': of Baltimore Qty, which buildings or structures are to be 

Oj* used or occupied for commercial purposes; to guarantee 

i^;- or insure financial loans made by third parties to any 

2.* person or other legal entity to be used for or in 

r: connection with the purchase or acquisition of leasehold 

or fee simple interests in buildings or structures, and for 
construction, erection, development, rehabilitation, 
renovation, redevelopment or improvement of buildings 
or structures located within the boundaries of Baltimore 
City, which building or structures are to be used or 
occupied for commercial purposes. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The vaHdity of any refunding bonds 
shall in no way be dep>endent upon or related to the 



374 



Old. 578 



validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and City 
Cbuncil of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued imder the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued ' 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 5» 

(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore City, to be consistent 
with Baltimore City's long-term fiaancial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold imder the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 



375 



Ord. 578 



amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale v^thout advertisement or 

lb sohcitation of competitive bids, for a price or prices which 

l\l may be at, above or below the par value of the refunding 

'*** bonds, as determined by resolution of the Board of 

err Finance of the Mayor and City Council of Baltimore. If 

the Board of Finance determines to sell the refunding 
_ bonds at public sale, the refunding bonds shall be sold to 

Oil ^^ highest responsible bidder or bidders therefor after 

i^-- due notice of such sale, but the Mayor and City Council of 

J:; Baltimore, acting by and through the Board of Finance 

r: thereof, shall have the right to reject any or all bids 

therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and City Council of Baltimore as a separate trust 



376 



:> 



,S9- 



Ord. 579 



fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 9, 
the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 









SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this S 

Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Coimcil of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 579 

(Council Bill No. 1220) 

AN ORDINANCE concerning 

BOND ISSUE - SCHOOL LOAN - 
$10,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution III of 
1995 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 



377 



> 



u.. 



Ord. 579 



issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Ten Million 
Dollars ($10,000,000.00), the proceeds derived from 
the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental 
expenses connected therev^th, and the remainder of 
such proceeds to be used for the acquisition, by 
purchase, lease, condemnation, or any other legal 
means, of land or property, or any rights therein, in 
the City of Baltimore, and constructing and erecting 
on said land or property, or on any land or property 
now or hereafter owned by the Mayor and Qty 
Council of Baltimore, new school buildings, athletic 
and other auxiliary facilities, and for additions and 
improvements to, or the modernization or 



Or reconstruction of, including the inspection, removal, 

l\l' encapsulation, management, containment and 

"■j* abatement of asbestos from, existing school buildings 

C:: or facilities, and for equipment for any and all new or 

-•- existing facilities authorized to be constructed, erected, 

r*': added to, improved, modernized or reconstructed by 

pf{ the provisions hereof; the payment of any and all costs 

and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, 
but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional services, including, 
without limitation, services relating to planning for 
future projects of the same general character which 
may be constructed out of future loans; and for doing 
any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; authorizing 
the issuance of refunding bonds; limiting the use of 
the proceeds of the sale of the bonds to expenditures 
for capital improvement projects having an average 
estimated service life of not less than fifteen (15) 
years, and providing that such proceeds shall not be 
used for current operating expenses of the Qty; 
conferring certain powers upon the Board of School 
Commissioners of Baltimore City; imposing certain 



378 



Ord. 579 



conditions in connection with the expenditure of the 
proceeds derived from the sale of said certificates of 
indebtedness; conferring and imposing upon the 
Board of Finance of Baltimore Qty certain powers and 
duties; authorizing the submission of this Ordinance to 
the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Mimicipal Election to 
be held in Baltimore Qty on Tuesday, the 7th day of 
November, 1995 and providing for the expenditure of 
the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Qiarter of the 
Mayor and Qty Q)uncil of Baltimore, and by the 
municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and Qty Council of 
Baltimore. 

WHEREAS, By Resolution III of 1995 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate 
principal amount not exceeding Ten Million Dollars 
($10,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection with the construction and 
renovation of school buildings and facilities of Baltimore 
Qty as authorized by said Resolution; and 

WHEREAS, Fimds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and City 
Council of Baltimore, acting by and through the Board of 
Finance of said mimicipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Ten Million Dollars 
($10,000,000.00), from time to time, as may be needed 
or required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 



379 



a: 

»• ■ 
••• 



••t 



• SI 

LA 



Ord. 579 



proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in simis of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 



or' mature on such dates and in such amoimts as the Board 



of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 

cr. : not more than forty (40) years from the date of issuance 

^•- of the bonds. 

t" 

Q^l ■ (c) The bonds, when issued, shall bear interest at 

i^-" such rate or rates as may be determined by the Board of 

2: Finance, which rate or rates may be fixed or variable or 

2i as determined by a method approved by the Board of 

Finance, and such interest shall be payable at such time 
or times as may be determined by the Boar4 of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Cbuncil of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the follovmig: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 



380 



Ord. 579 



entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
imder the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 



381 



III 



Ord. 579 



(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale v^thout advertisement or solicitation of 
comp)etitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 



;- SEC. 5. AND BE IT FURTHER ORDAINED, That until 

ibf all of the interest on and principal of any bonds issued 

pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
cn: levy and impose an annual tax on each One Hundred 

Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay 
Of{ all interest on and principal of all bonds theretofore 

i^--' issued and outstanding or authorized to be issued and 

I^: outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 



382 



Ord. 579 



as may be detenriined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds) ; 

(b) The remainder of such proceeds shall be used 
for the acquisition, by purchase, lease, condemnation or 
any other legal means, of land or property, or any rights 
therein, in the Qty of Baltimore, and constructing and 
erecting on said land or property, or on any land or 
property now or hereafter owned by the Mayor and City 
Council of Baltimore, new school buildings, athletic and 
other auxiliary facilities, and for additions and 
improvements to, or the modernization or reconstruction 
of, including the inspection, removal, encapsulation, 
management, containment and abatement of asbestos 
from existing school buildings or facilities, and for 
equipment for any and all new or existing facilities 
authorized to be constructed, erected, added to, 
improved, modernized or reconstructed by the provisions 
hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services, 
including, without limitation, services relating to planning 
for future projects of the same general character which 
may be constructed out of future loans; and for doing any 



383 



Ord. 579 



and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the bonds 
shall be limited to expenditures for capital improvement 
projects having an estimated average service Hfe of not 
less than fifteen (15) years, and such proceeds shall not 
be used for current operating expenses of the Qty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
CI! acting by and through the Board of Finance thereof, is 

ll ' hereby authorized and empov^ered to issue its bonds for 

:» ^ the purpose of refunding any bonds authorized to be 

ilJ' issued under the provisions of this Ordinance by payment 

\\v at maturity or the purchase or redemption of bonds in 

j^'j* advance of maturity. The validity of any refunding bonds 

Cni shall in no way be dependent upon or related to the 

•- vahdity or invalidity of the bonds being refunded. Such 

•^; refunding bonds may be issued by the Mayor and Qty 

p::; Council of Baltimore, acting by and through the Board of 

Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 



K 



u 



384 



i 



Ord. 579 



(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amoimt shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amoimt of the bonds refunded or the maximum principal 
amoimt of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold imder the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty Q)uncil of Baltimore. If 
the Board of Finance determines to sell the refunding 



385 



Ord. 579 



bonds at public sale, the refunding bonds shall be sold to 
the highest respxDnsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Coimcil of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
il' Finance, and such interest shall be payable at such time 

ll' or times as may be determined by the Board of Finance. 



iOf (g) The proceeds of the sale of any refunding 

J5!! bonds authorized to be issued and sold under the 

' ' provisions of this Ordinance, after the payment of 

Cni issuance costs relating thereto, shall be set aside by the 

^' Mayor and City Council of Baltimore as a separate trust 

^•' fund to be used solely for the purposes stated in this 

0(*^ Section 9. 

^: (h) Except as otherwise provided in this Section 9, 

S^ the powers granted in, the limitations and obligations 

imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual 



386 



Ord. 580 



Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved Jime 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 580 

(Council Bill No. 1221) 

AN ORDINANCE concerning 

BOND ISSUE - SINAI HOSPITAL - 
$1,000,000 

FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore (pursuant to Resolution I of 1995 
approved by the members of the General Assembly of 
Maryland representing Baltimore City) to issue and 
sell its certificates of indebtedness in an aggregate 
principal amotmt not exceeding One Million Dollars 
($1,000,000.00), the proceeds derived from the sale 
thereof to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses 
coimected therewith, and the remainder of such 
proceeds to be used for the development of the Sinai 
Hospital, including but not limited to, the acquisition, 
construction, reconstruction, installation, erection, 
protection, extension, enlargement, renovation or 
modernization of, and additions to, buildings, 
structures or facilities to be or now being used by the 
Sinai Hospital, and for the acquisition and installation 
of equipment for any and all existing facilities or new 
facilities authorized to be constructed, erected, 
established, altered or improved, by the provisions 
hereof; and for doing any and all things necessary, 
proper or expedient in cormection with or pertaining 
to any or all of the matters or things hereinbefore 
mentioned; authorizing the issuance of refunding 



387 



Old. 580 



bonds; limiting the use of the proceeds of the sale of 
the bonds to expenditures for capital improvement 
projects having an estimated average service life of not 
less than fifteen (15) years, and providing that such 
proceeds shall not be used for current operating 
expenses of Sinai Hospital or other legal entity; 
conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing 
the submission of this Ordinance to the legal voters of 
the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in 
Baltimore City on Tuesday, the 7th day of November, 
1995; providing that any loans made from the 
CI! proceeds shall be self-supporting; and providing for 

^* the expenditure of the proceeds of sale of said 

-*- certificates of indebtedness in accordance with the 

Of provisions of the Charter of the Mayor and City 

;ji? Council of Baltimore, and by the municipal agency 

"" designated in the annual Ordinance of Estimates of the 

cn; Mayor and Qty Council of Baltimore. 

t::. WHEREAS, By Resolution I of 1995 approved by the 

Qj*. members of the General Assembly of Maryland 

i^-^' representing Baltimore City, the Mayor and Qty Council 

^.- of Baltimore is authorized to create a debt and to issue 

^ and sell its certificates of indebtedness (hereinafter called 

"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used for Sinai Hospital facilities as 
authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal 
amount not exceeding One Million Dollars 



388 



Ord. 580 



($1,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations of 
not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Himdred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Coimcil of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 



389 



Ord. 580 



bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

C! (c) If the bonds are to be sold at public sale, the 

•J: time, place, manner and medium of advertisement of the 

-— readiness of the Board of Finance, acting for and on 

Ot- behalf of the Mayor and City Council of Baltimore, to 



receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
Cn* and conditions of such bids; the time, place and manner 

^-^ of awarding bonds so bid for, including the right 

*rr* whenever any of the bonds authorized by this Ordinance 

Q^' are offered for sale and sold at the same time as other 

1^--' bonds of the Qty, to establish the conditions for bids and 

r:; awards and to award all of the bonds on an all or none 

:: basis; and the time, place, terms and maimer of 

settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 



390 



Ord. 580 



thereof), shall be and remain exempt from any and all 
State, coimty and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the soHcitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Coimcil of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an aimual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 



391 



Ord. 580 



election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That tiie 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
^ the cost of issuance, including the expense of engraving, 

printing, advertising, attorneys' fees, and all other 
2c incidental expenses connected therewith (which may 

2? ' include the proportion of the compensation of employees 

and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds) ; 



>c^ 



s 

cr:: 



q5.* (b) The remainder of such proceeds shall be used 

Ij-J' for the development of the Sinai Hospital including but 

5; not limited to, the acquisition, construction, 

^" reconstruction, installation, erection, protection, 

extension, enlargement, renovation or modernization of, 
and additions to, buildings, structures or facilities to be or 
now being used by the Sinai Hospital and for the 
acquisition and installation of equipment for any and all 
existing facilities or new facilities authorized to be 
constructed, erected, established, altered or improved by 
the provisions hereof; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the bonds 
shall be Umited to expenditures for capital improvement 
projects having an estimated average service life of not 
less than fifteen (15) years, and such proceeds shall not 
be used for current operating expenses of Sinai Hospital 
or other legal entity. 



392 



Ord. 580 



SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued imder the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and City Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 



393 



c: 






Ord. 580 



with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 



(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
IqC issued to mature on such dates and in such amounts as 

15 J the Board of Finance may determine; provided that the 

* ' entire principal amount represented by the refunding 

cn: bonds shall be discharged not more than forty (40) years 

^•— from the date of issuance of the bonds being refunded. 

»•« « 

Oj:: (e) Any refunding bonds authorized to be issued 

i^-' and sold under the provisions of this Ordinance may be 

2: sold at public sale by the solicitation of competitive bids 

ri or at private (negotiated) sale v^thout advertisement or 

solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and City Council of Baltimore. If 
the Board of Finance determines to sell the refunding 
bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 



394 



Ord. 580 



as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Coimcil of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 9, 
the powers granted in, the limitations and obligations 
imposed by, and the procedures spediied in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty ODuncil 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That no 
part of the proceeds of sale of the bonds hereby 
authorized to be issued shall be expended imtil after the 
Board of Finance has determined, based upon such data 
as said Board of Finance shall require to be submitted to 
it to enable it to make such determination, that any 
financial loans made from the proceeds of the bonds 
shall, in fact, be self-supporting. 

SEC. 11. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 



395 



Ord. 581 



Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 581 

(Council Bill No. 1222) 

AN ORDINANCE concerning 

BOND ISSUE - ZOO LOAN - 
C.: $2,225,000 

.-J- FOR the purpose of authorizing the Mayor and Qty 

QC Council of Baltimore (pursuant to Resolution VIII of 

IJji 199^ 1995 approved by the members of the General 

[*■" Assembly of Maryland representing Baltimore City) to 

C~7 issue and sell its certificates of indebtedness in an 

-••- aggregate principal amount not exceeding Tv^o Million 

r^* Two Hundred Twenty-Five Thousand Dollars 

Oc: ($2,225,000.00), the proceeds derived from the sale 

^'^' thereof to be used for the cost of issuance, including 

^: the expense of engraving, printing, advertising, 

- attorneys' fees, and all other incidental expenses 

connected therewith, and the remainder of such 
proceeds to be used for the construction, 
reconstruction, installation, erection, protection, 
extension, enlargement, renovation or modernization 
of, and additions to, land, property, buildings, 
structures or facilities to be or now being used in 
connection with the functions, operations and 
activities of the Zoo located in Druid Hill Park; and for 
the acquisition and installation of equipment for any 
and all existing facilities or new facilities authorized to 
be acquired, constructed, reconstructed, erected, 
extended, enlarged, renovated, modernized, improved 
or added to by the provisions hereof; the payment of 
any and all costs and expenses incurred for or in 
connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, 



396 



( 



Ord. 581 



economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional 
services; and for doing any and all things necessary, 
proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore 
mentioned; authorizing the issuance of refunding 
bonds; limiting the use of the proceeds of the sale of 
the bonds to expenditures for capital improvement 
projects having an estimated average service Hfe of not 
less than fifteen (15) years, and providing that such 
proceeds shall not be used for current operating 
expenses of the Qty or other legal entity; conferring 
and imposing upon the Board of Finance of Baltimore 
Qty certain powers and duties; authorizing the 
submission of this Ordinance to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at 
the Municipal Election to be held in Baltimore Qty on 
Tuesday, the 7th day of November, 1995 and 
providing for the expenditure of the proceeds of sale 
of said certificates of indebtedness in accordance with 
the provisions of the Qiarter of the Mayor and Qty 
Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the 
Mayor and Qty Council of Baltimore. 

WHEREAS, By Resolution VHI of 1995 approved by 
the members of the General Assembly of Maryland 
representing Baltimore City, the Mayor and Qty Coimcil 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
'Ix^nds") as evidence thereof, in an aggregate principal 
amount not exceeding Two Million Two Hundred Twenty- 
Five Thousand Dollars ($2,225,000.00) in the manner 
and upon the terms set forth in the bonds, not exceeding 
the par value of the bonds, to be used for Zoo facilities as 
authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 



397 



Ord. 581 



Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore in an aggregate principal 
amount not exceeding Two Million Two Hundred Twenty- 
Five Thousand Dollars ($2,225,000.00), from time to 
time, as may be needed or required for the purposes 
hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as 
shall be requisite, and the proceeds derived from the sale 
of said bonds shall be used for the purposes hereinafter 
named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the 
votes of the legal voters of Baltimore Qty cast at the time 
and place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 
Q 

IJ^: (a) The bonds shall be issued in denominations of 

j^' not less than Five Hundred Dollars ($500.00) each, but 

may be in sums of Five Hundred Dollars ($500.00), or 

any suitable multiple thereof. 

Oct: Cb) The bonds authorized to be issued and sold 

^;;' under the provisions of this Ordinance may be issued to 

£: mature on such dates and in such amounts as the Board 

~ of Finance may determine; provided that the entire 

principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest at 
such rate or rates as may be determined by the Board of 
Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 



398 



Ord. 581 



(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereimder or any part thereof; the form, terms 
and conditions of such bids; the time, place and maimer 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the City, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 



399 



Ord. 581 



(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereoO, shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 

C! above or below par value of the bonds, as determined by 

Jt resolution of the Board of Finance of the Mayor and Qty 

;•- Council of Baltimore. If the Board of Finance determines 

Qr to sell the bonds at public sale, the bonds shall be sold to 

i^! the highest responsible bidder or bidders therefor after 

' due notice of such sale, but the Mayor and City Coimcil of 

Cnf Baltimore, acting by and through the Board of Finance 

>-' thereof, shall have the right to reject any or all bids 



85; 



therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and City Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 7th day of November, 1995. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 



400 



I 



Ord. 581 



which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued imder the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds) ; 

(b) The remainder of such proceeds shall be used 
for the construction, reconstruction, installation, erection, 
protection, extension, enlargement, renovation or 
modernization of, and additions to, land, property, 
buildings, structures or facilities to be or now being used 
in connection with the functions, operations, and 
activities of the Zoo located in Druid Hill Park; and for 
the acquisition and installation of equipment for any and 
all existing facilities or new facilities authorized to be 
acquired, constructed, reconstructed, erected, extended, 
enlarged, renovated, modernized, improved or added to 
by the provisions hereof; the payment of any and all costs 
and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, but 
not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 



401 



Ord. 581 



professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the bonds 
shall be limited to expenditures for capital improvement 
projects having an estimated average service Ufe of not 
less than fifteen (15) years, and such proceeds shall not 
be used for current operating exp>enses of the Qty or 
other legal entity. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

c:: 

3; (a) The Mayor and Qty Council of Baltimore, 

rj- acting by and through the Board of Finance thereof, is 

CC hereby authorized and empowered to issue its bonds for 



the purpose of refunding any bonds authorized to be 
r"* issued under the provisions of this Ordinance by payment 

cn:; at maturity or the purchase or redemption of bonds in 

^- advance of maturity. The validity of any refunding bonds 

r^" shall in no way be dependent upon or related to the 

Oc:: validity or invalidity of the bonds being refunded. Such 

^^' refunding bonds may be issued by the Mayor and City 

2' Council of Baltimore, acting by and through the Board of 

- Finance thereof, for the purpose of providing it with funds 

to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the pubUc purpose of: 



402 



Ord. 581 



(1) Realizing savings to Baltimore Qty in the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
soHcitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty Q^undl of Baltimore. If 
the Board of Finance determines to sell the refunding 



403 



Ord. 581 



bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
C!: Finance, and such interest shall be payable at such time 

J^- or times as may be determined by the Board of Finance. 

«•« 

Qf (g) The proceeds of the sale of any refunding 

IJ:!' bonds authorized to be issued and sold imder the 

* provisions of this Ordinance, after the payment of 

cnfi issuance costs relating thereto, shall be set aside by the 



K. 



Q^' Section 9. 



Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 



(h) Except as otherwise provided in this Section 9, 
the powers granted in, the Hmitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with resp)ect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of tlie Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 



404 



Ord. 582 



Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Approved June 15, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 582 

(Council Bill No. 1156) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE-IN RESTAURANT WITH WINDOW SERVICE - 

3912-3924 FALLS ROAD 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a drive- 
in restaurant with window service on the property 
known as 3912-3924 Falls Road, as outlined in red on 
the plats accompanying this ordinance , subject to 
certain conditions . 

BY authority of 

Article 30 - Zoning 
Section 6.3-ld-3 and 11.0-6d 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a drive-in restaurant with window service on 
the property known as 3912-3924 Falls Road, as outlined 
in red on the plats accompanying this ordinance, imder 
the provisions of Sections 6.3-ld-3 and 11.0-6d of Article 
30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) tided "Zoning" r, subject to the 
following conditions: 



405 



Ord. 582 






CD That brick will be used on the exterior of the 
restaurant building and is subject to the approval 
of the Planning Department; 

(2) That McDonald's will pick up litter on a daily 
basis at the off-street parking lot for its employees 
and within a radius of one block from the property 
3912-24 Falls Road; 

C3) That the hours of operation at the restaurant 
on the property will be 6:00 a.m. to 11:00 p.m. 
Sunday through Thursday and 6:00 a.m. to 
midnight on Friday and Saturday; 

C4) That no deliveries or trash pick-up will take 
place on the property between 9:00 p.m. and 9:00 



OC: a.m. each day; 

* C5) That trucks entering the property to service the 

Cn5' restaurant will have a wheel base no greater than 

^- 35 feet; 

K— 

•^, 

Q(»« (6) That the free-standing identification sign shall 

Ij^' be not more than 25 feet in height and 80 square 

J: feet in signage surface area; and 

(7) That as a condition of the issuance of the use 
permit, McDonald's shall provide off-street, off-site 
parking for its employees, prohibit its employees 
from parking on Falls Road or any neighboring 
streets during hours of employment, and encourage 
customers to park at spaces provided on site and 
not on Falls Road or neighboring streets. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qt>' Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall tlien transmit a copy of the 
ordinance and one of the plats to the following: The 



406 



Ord. 583 



Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 27, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 583 

(Council Bill No. 1184) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT - 
4801 TAMARIND ROAD, COLDSPRING 

FOR the purpose of approving the application of 
Coldspring/Belvedere Joint Venture to have the 
property located at 4801 Tamarind Road (a p>ortion of 
Ward 27, Section 69, Block 4758, Lot 1) consisting of 
11.7 acres more or less, as shown on the plat 
accompanying this ordinance, to designate 4801 
Tamarind Road, Coldspring New Town as a Planned 
Unit Development in accordance with Section 12.0-1 
through 12.0-6 of Article 30 of the Baltimore City 
Code (1983 Replacement Volume, as amended), and 
to approve the Development Plan for 4801 Tamarind 
Road, Coldspring New Town, submitted by 
Coldspring/Belvedere Joint Venture. 

BY authority of 

Article 30 - Zoning 

Sections 12.0-1 through 12.0-6 



407 



Ord. 583 



Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS On April 12, 1995, representatives of 
Coldspring/Belvedere Joint Venture met with the duly 
designated officers of the Planning Commission of 
Baltimore City to hold a Pre-Petition Conference to 
explain the scope and nature of the existing and proposed 
development on the property designated a Planned Unit 
Development; and 

WHEREAS, Together herewith, Coldspring/Belvedere 
Joint Venture has formally applied to the Qty Council of 
C*: Baltimore for designation for the property as a Planned 

jjjj Unit Development and has submitted the requisite 

•••.• Development Plan intended to satisfy requirements 

£>r sp)ecified in Section 12.0-1 through 12.0-6 of Article 30 of 

'^[l the Baltimore City Code (1983 Replacement Volume, as 

"^* amended); and 

>•- WHEREAS, Coldspring/Belvedere Joint Venture, in 

-ir; requesting the introduction of this bill, signifies its 

QjJ. intention to implement, execute, substantially complete 

and maintain the development of the property in 
accordance with the Development Plan; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That this application of 
Coldspring/Belvedere Joint Venture for the property 
known as 4801 Tamarind Road, Coldspring New Town 
and designated as Lot 9, consisting of approximately 11.7 
acres more or less, as outUned on Exhibit A "Existing 
Conditions", dated April 4, 1995, Exhibit B "Development 
Plan", dated April 4, 1995, Exhibit C "Preliminary Site 
Plan", dated April 4, 1995, to designate 4801 Tamarind 
Road, Coldspring New Town as a Planned Unit 
Development in accordance with Section 12.0-1 through 
12.0-6 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), be and is hereby 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
subsequent to the passage of this ordinance by the City 



408 



^^ 



I 



I 



Ord. 583 



Council, minor modifications in the approved 
Development Plan for 4801 Tamarind Road, Coldspring 
New Tov^m shall be reviewed and approved by the 
Planning Commission to insm^e that such changes are 
consistent with this ordinance. Final design approval by 
the Planning Commission is required for all phases of 
development and for elevations, landscaping and site 
details. Furthermore, the Planning Commission shall 
notify the Coldspring Community Association, Inc. of 
proposed design modifications, at least four C4) weeks 
prior to granting final design approval. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the Development Plan that is a part 
hereof and in order to give notice to the departments that 
administer Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the President of the 
Qty Coimcil shall sign the Development Plan, and when 
the Mayor approves this ordinance, he shall sign the 
Development Plan. The Director of Finance shall then 
transmit a copy of this ordinance and the Development 
Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Department of Housing and 
Community Development, the Supervisor of Assessments 
for Baltimore Qty, and the Zoning Administrator of 
Baltimore City. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Development Plan for 4801 Tamarind Road, Coldspring 
New Town shall comply with the following: 

(a) The Final Forest Conservation Plan for the 
development shall comply with the Qty of Baltimore 
Reforestation Law Forest and Tree Conservation - Article 
9A Baltimore Qty Code (1983 Replacement Volume, as 
amended) adopted pursuant to State law. The 
Homeowner's Association shall be responsible for the 
maintenance of all forest, understory and landscaping in 
all common areas. 

(b) The Homeowner^s Association shall be 
responsible for coordination of the application of 



409 



or:. 



S' 



Ord. 584 



pesticides and herbicides throughout the development. 
The developer shall include the provision of this 
paragraph in the master deed for the property or land. 
Pesticides shall be applied in accordance with accepted 
principles of integrated pest management. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 27, 1995 

KURT L. SCHMOKE, Mayor 



Cr: CITY OF BALTIMORE 

us;' 

11' ORDINANCE NO. 584 

:>• 

a: 

'':l (Council Bill No. 1227) 

cr,> AN ORDINANCE concerning 



TO LEVY AND COLLECT A TAX 

FOR the use of the Mayor and Qty Council of Baltimore 
for the period of July 1, 1995 through June 30, 1996. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That for the period July 
1, 1995 through June 30, 1996, a tax of $5.85 be and the 
same is hereby levied and imposed on every $100 of 
assessed or assessable value of property in the Qty of 
Baltimore (excepting such property as may by provisions 
of law be exempted from this rate) for the use of the 
Mayor and City Council of Baltimore, and said tax shall 
be collected and paid in the maimer prescribed by law. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 27, 1995 

KURT L. SCHMOKE, Mayor 



410 



Ord. 585 



CITY OF BALTIMORE 

ORDINANCE NO. 585 

(Council Bill No. 1226) 

AN ORDINANCE concerning 

ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR 
ENDING JUNE 30, 1996 

FOR the purpose of providing the appropriations 

estimated to be needed by each agency of the City of 
Baltimore for operating programs and capital projects 
during the fiscal 1996 year. 

BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore Qty Charter (1964 Revision as amended) 

Section 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the following 
amounts or so much thereof as shall be sufficient are 
hereby appropriated subject to the provisions hereinafter 
set forth for the purpose of carrying out the programs 
included in the operating budget and the projects listed in 
the capital budget from the amounts estimated to be 
available in the designated funds during the fiscal year 
ending June 30, 1996. 

A. OPERATING BUDGET 

CIVIL SERVICE COMMISSION 

160 PERSONNEL ADMINISTRATION 

General Fund Appropriation $ 2,391,688 

$ 2,388.983 

Special Fund Appropriation $ 22,733 

167 OCCUPATIONAL MEDIQNE AND SAFETY 

General Ftind Appropriation $ 870,698 

$ 867,641 



411 



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Qt: 



Ord. 585 



COMMUNITY RELATIONS COMMISSION 

156 DEVELOPMENT OF INTERGROUP RELATIONS 

General Fund Appropriation $ 796,686 

$ 795,346 

Federal Fund Appropriation $ 62,786 

COMPTROLLER, DEPARTMENT OF 

130 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 383 , 707 

$ 38Z167 

131 AUDITS 

General Fiind Appropriation $ 1 , 538,191 



Sr; $ 1,537.891 

Special Fund Appropriation $ 265,659 



132 REAL ESTATE ACQUISITION AND MANAGEMENT 

General Fund Appropriation $ 517,235 

$ 516,920 

135 INSURANCE ON CITY FACILITIES 

General Fund Appropriation $ 57,506 

COUNQL, CITY 

100 CITY LEGISLATION 

General Fund Appropriation $ 3,143 , 520 

$ 3,140.078 

COUNQLMANIC SERVICES, OFFICE OF 

103 COUNCILMANIC SERVICES 

General Fund Appropriation $ 345 , 886 

$ 345.776 

COURTS 
110 CIRCUIT COURT 

General Fund Appropriation $ 6 , 737 , 334 

$ 6.734.436 

Federal Fund Appropriation $ 392,027 

State Fund Appropriation $ 596,566 

112 ORPHANS' COURT 

General Fund Appropriation $ 353 , 781 

$ 353.599 



412 



Ord. 585 



EDUCATION, DEPARTMENT OF 

728 BOARD OF SCHOOL COMMISSIONERS 

Education Fund Appropriation .... $ 296,380 

729 OFFICE OF THE SUPERINTENDENT 

Education Fund Appropriation .... $ 2,794,935 

Federal Fund Appropriation $ 92,396 

732 CURRICULUM AND INSTRUCTION 

Education Fund Appropriation .... $ 4,515,339 

Federal Fund Appropriation $ 2,048,431 

State Fund Appropriation $ 425,113 

Special Fund Appropriation $ 568,663 

741 AREA SCHOOL SERVICES 

Education Fund Appropriation .... $ 1,843,835 

743 GENERAL INSTRUCTION 

Education Fund Appropriation .... $ 261,589,032 

Federal Fund Appropriation $ 36,107,556 

State Fund Appropriation $ 17,608,922 

Special Fund Appropriation $ 675,690 

744 OTHER INSTRUCTIONAL SERVICES 

Education F\ind Appropriation .... $ 11,558,487 

Federal Fund Appropriation $ 748,962 

State Fund Appropriation $ 789,110 

Special Fund Appropriation $ 139,849 

746 SCHOOL SOCIAL WORK SERVICES 

Education Fund Appropriation .... $ 3,994,316 

Federal Fund Appropriation $ 457,442 

State Fund Appropriation $ 383,134 

Special Fund Appropriation $ 92,039 

751 FAMILY AND STUDENT SUPPORT 

Education Fund Appropriation .... $ 3,232,838 

Federal Fund Appropriation $ 1,455,073 

State Fund Appropriation $ 103,132 

Special Fund Appropriation $ 164,817 

752 SPECIAL EDUCATION MONITORING 

Education Fund Appropriation .... $ 280,982 

Federal Fund Appropriation $ 394,305 

753 COMPENSATORY PROGRAMS 

Education Fund Appropriation .... $ 58,910 



413 



Ord. 585 



Federal Fund Appropriation $ 1,707,952 

State Fund Appropriation $ 230,857 

754 CAREER AND TECHNOLOGY INSTRUCTION 
Education Fund Appropriation .... $ 15,197,780 

Federal Fund Appropriation $ 2,352,340 

State Fund Appropriation $ 1,041,668 

755 ADULT/ALTERNATIVE INSTRUCTION 

Education Fund Appropriation .... $ 9,758,787 

Federal Fund Appropriation $ 548,084 

State Fund Appropriation $ 158,077 

756 SPECIAL INSTRUCTION 

., Education Fund Appropriation .... $ 113,153,267 

J22I? Federal Fund Appropriation $ 4,650,000 

•«: k State Fund Appropriation $ 68,458 

^l'. Special Fund Appropriation $ 565,000 

OC 

u. 



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757 SPECIAL CAREER AND TECHNOLOGY INSTRUCTION 

Education Fund Appropriation .... $ 5,531,936 

C:5i» Federal Fund Appropriation $ 468,429 

^. 

t::: 758 gifted and talented instruction 

Education Fund Appropriation .... $ 2,965,955 

State Fund Appropriation $ 1,058,880 

762 food SERVICES 
Education Fund Appropriation .... $ 34,250 

Federal Fund Appropriation $ 20,132,000 

State Fund Appropriation $ 1,400,000 

Special Fund Appropriation $ 4,200,000 

763 nSCAL MANAGEMENT 
Education Fund Appropriation .... $ 1,178,082 
Federal Fund Appropriation $ 515,714 

764 TRANSPORTATION 
Motor Vehicle Fund Appropriation . $ 3,654,000 
Education Fund Appropriation .... $ 14,102,537 

Federal Fund Appropriation $ 409,756 

State Fund Appropriation $ 8,287,000 

Special Fund Appropriation $ 13,570 

765 PROCUREMENT 
Education Fund Appropriation .... $ 1.249,684 
Federal Fund Appropriation $ 287,007 



414 



Ord. 585 



767 FACIUTIES 

Education Fund impropriation .... $ 62,085,539 

Federal Fund Appropriation $ 100,000 

State Fund Appropriation $ 40,000 

768 SCHOOL POLICE 

Education Fund Appropriation .... $ 5,554,863 

769 PERSONfNEL SERVICES 

Education Fund Appropriation .... $ 2,112,043 

Federal Fund Appropriation $ 679,822 

Special Fund Appropriation $ 335,022 

780 EXTERNAL RELATIONS 

Education Fund Appropriation .... $ 1,352,152 

Federal Fund Appropriation $ 160,403 

781 PLANNING AND STRATEGIC BUDGETING 

Education Fiind Appropriation .... $ 510,982 

Federal Fimd Appropriation $ 161,584 

782 ACCOUNTABILITY, ASSESSMENT, RESEARCH, AND 
EVALUATION 

Education Fund Appropriation .... $ 898,965 

Federal Fund Appropriation $ 502,826 

Special Fund Appropriation $ 275,085 

783 MANAGEMENT INFORMATION SYSTEMS 

Education Fund Appropriation .... $ 3,764,166 

Federal Fund Appropriation $ 859,632 

Special Fimd Appropriation $ 377,500 

784 STAFF DEVELOPMENT 

Education Fimd impropriation .... $ 1,705,958 

Federal Fund Appropriation $ 166,286 

State Fimd Appropriation $ 221,649 

Special Fund Appropriation $ 40,765 

ELECTIONS, SUPERVISORS OF 

180 VOTER REGISTRATION AND CONDUCT OF ELECTIONS 

General Fund Appropriation $ 2,155,122 

$ 2.152.838 

EMPLOYEES' RETIREMENT SYSTEMS, 
BOARD OF TRUSTEES OF 

152 ADMINISTRATION, EMPLOYEES' RETIREMENT SYSTEM 

415 



Ord. 585 



Special Fund Appropriation $ 2,768,595 

HNANCE, DEPARTMENT OF 

140 ADMINISTRATIVE DIRECTION AND CONTROL 
General Fund Appropriation $ 610 , 789 

$ 610,143 

141 BUDGET AND MANAGEMENT RESEARCH 

General Fund Appropriation $ 1 , ^9^,359 

$ 1.492,663 

144 PURCHASING 

General Fund Appropriation $ 3,9^8 , 721 

J,.. $ 3,945,272 

••"l 147 MANAGEMENT INFORMATION SERVICES 

3w- General Fund Appropriation $ <1,0^<1,733 

OCZ $ 4,040,831 

^^'' 148 BUREAU OF ACCOUNTING OPERATIONS 

Cr,> General Fund Appropriation $ 3 , 643,880 

. $ 2,640,936 

Loan & Guarantee Enterprise Fund 



K— 



^; Appropriation $ 3,591,453 



u. 



150 TREASURY MANAGEMENT 

General Fund Appropriation $ 1 , 357 , 835 

$ 1,351,568 

HRE, DEPARTMENT OF 

210 ADMINISTRATIVE DIRECTION AND CONTROL 
General Fund Appropriation $ 1,536,882 

211 TRAINING 

General Fund Appropriation $ 693,905 

212 HRE SUPPRESSION 

General Fund Appropriation $ 73,026,677 

State Fund Appropriation $ 70,000 

213 HRE PREVENTION 

General Fund Appropriation $ 1,926,593 

214 SUPPORT SERVICES 

General Fund Appropriation $ 3,701,660 

State Fund Appropriation $ 555,000 



416 



Qrd. 585 



215 RRE ALARM AND COMMUNICATIONS 

General Fund Appropriation $ 3,144,332 

219 NON-ACTUARIAL RETIREMENT BENEFITS 

General Fund Appropriation $ 700,000 

319 AMBULANCE SERVICE 

General Fund Appropriation $ 8,003,346 

Federal Fund Appropriation $ 12,000 

Special Fund Appropriation $ 1,141,180 

HEALTH, DEPARTMENT OF 

240 ANIMAL CONTROL 

General Fund Appropriation $ 1,343,043 

1,342,516 

300 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 3 , 066,335 

3.066,057 

Federal Fund Appropriation $ 89,503 

State Fund Appropriation $ 32,913 



302 ENVIRONMENTAL HEALTH 

General Fund Appropriation $ 1,805 , 368 

1,805,163 

Federal Fund Appropriation $ 320,835 

State Fund Appropriation $ 84,438 

303 SPECL\L PURPOSE GRANTS 

General Fund Appropriation $ 227,443 

Federal Fund Appropriation $ 3,704,668 

State Fund Appropriation $ 2,068,600 

Special Fund Appropriation $ 1,122,000 

304 CUNICAL SERVICES 

General Fund Appropriation $ 2,683,171 

2,677,726 

Federal Fund Appropriation $ 48,968,767 

State Fund Appropriation $ 535,517 

Special Fund Appropriation $ 76,000 

305 MATERNAL AND INFANT SERVICES 

General Fund Appropriation $ 1,53^,796 

1,524,582 

Federal Fund Appropriation $ 10,984,923 

State Fund Appropriation $ 583,885 



417 



Ord. 585 



306 GENERAL NURSING SERVICES 

General Fund Appropriation $ 9^8 , 717 

948,677 

State Fund Appropriation $ 3,522,534 

307 MENTAL HEALTH SERVICES 

General Fund Appropriation $ 757 , 112 

757.057 

Federal Fund Appropriation $ 21,304,364 

State Fund Appropriation $ 24,702,184 

308 CHILD, ADOLESCENT, AND FAMILY HEALTH 

General Fund Appropriation $ 636 , 62 3 

636,602 

Federal Fund Appropriation $ 5,980,775 

Sjl; State Fund Appropriation $ 1,262,143 

5:: 310 SCHOOL HEALTH SERVICES 

QCi General Fund Appropriation $ 4,286 , 500 

4,285.820 

Federal Fund Appropriation $ 5,565,736 

cH> State Fund Appropriation $ 6,480,887 

Special Fund Appropriation $ 150,000 



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^> 311 HEALTH SERVICES FOR THE AGING 

uJi General Fund Appropriation $ 366,675 

2r 266.671 

2* Federal Fund Appropriation $ 5,339,104 

HOUSING AND COMMUNITY DEVELOPMENT, 
DEPARTMENT OF 

177 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 1 , 30 2, 397 

1.800.914 

Federal Fund Appropriation $ 1,488,925 

State Fund Appropriation $ 46,043 

Special Fund Appropriation $ 512,095 

181 NHGHBORHOOD HUBS 

General Fund Appropriation $ 855 , 970 

855.630 

Federal Fund Appropriation $ 1,329.286 

State Fund Appropriation $ 2,591,903 

Special Fund Appropriation $ 127,000 

184 ENERGY ASSISTANCE AND EMERGENCY FOOD 

State Fund Appropriation $ 12,401,790 

418 



Ord. 585 



260 CONSTRUCTION AND BUILDING INSPECTION 

General Fund Appropriation $ 1,907 , 980 

1.907,161 

Federal Fund Appropriation $ 1,510,069 

570 PRESERVATION OF HISTORIC PLACES 

General Fund Appropriation $ 230,335 

229,906 

Federal Fiuid Appropriation $ 129,000 

582 HNANCE AND DEVELOPMENT 

General Fund Appropriation $ 1,973 , ^75 

1,972,752 

Federal Fund Appropriation $ 2,187,185 

583 NHGHBORHOOD SERVICES 

General Fund Appropriation $ <1,836, < 172 

4,831,954 

Federal Fund Appropriation $ 3,162,032 

State Fund Appropriation $ 68,000 

Special Fund Appropriation $ 2,1 73,323 

585 BALTIMORE DEVELOPMENT CORPORATION 

General Fund Appropriation $ 2,217,260 

2,215.189 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 75,000 

592 SPECL^J. HOUSING GRANTS 

Federal Fund Appropriation $ 4,538,290 

State Fimd Appropriation $ 1,638,098 

593 COMMUNITY SUPPORT PROJECTS 

General Fimd Appropriation $ 650,040 

Federal Fund Appropriation $ 8,997,492 

597 WEATHERIZATION 

State Fimd Appropriation $ 2,077,247 

604 CHILD CARE CENTERS 

General Fund Appropriation $ l,A05 i 6AA 

1,403,671 

605 HEAD START 

General Fund Appropriation $ 128,881 

Federal Fund Appropriation $ 15,319,760 



419 



Ord. 585 



606 ARTS AND EDUCATION 

Federal Fund Appropriation $ 33,250 

State Fund Appropriation $ 78,610 

LAW, DEPARTMENT OF 

175 LEGAL SERVICES 

General Fund Appropriation $ 5 , 122 , 650 

5,118.280 

LEGISLATIVE REFERENCE, DEPARTMENT OF 

106 LEGISLATIVE REFERENCE SERVICES 

General Fund Appropriation $ 331 , 188 

330,674 

I::;; Special Fund Appropriation $ 78,994 

5^: 107 ARCFnVES AND RECORDS MANAGEMENT 

OC: ; General Fund Appropriation $ 308,983 

2?I 308,952 



LIBRARY, ENOCH PRATT FREE 



SEi 

O' 
^. 

K;. 450 ADMINISTRATIVE AND TECHNICAL SERVICES 

C/:i General Fund Appropriation $ 410,366 

25; State Fund Appropriation $ 137,139 

^ Special Fund Appropriation $ 119,840 

^ 452 EXTENSION SERVICES 

General Fund Appropriation $ 10,207,466 

453 STATE LIBRARY RESOURCE CENTER 

General Fund Appropriation $ 6,054,861 

State Fund Appropriation $ 3,870,328 

UQUOR LICENSE COMMISSIONERS, BOARD OF 

250 LIQUOR CONTROL 

General Fund Appropriation $ 1 , 090 , 500 

1.089.867 

MAYORALTY 

125 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 3 , 1 - 13 , 660 

3.138.220 



420 



Ord. 585 



127 MAYOR'S OFFICE OF STATE RELATIONS 

General Fund Appropriation $ 336 , 309 

320,617 

350 OFFICE OF CHILDREN AND YOUTH 

General Fund Appropriation $ 383,113 

281.979 

State Fund Appropriation $ 110,500 

599 OFFICE OF INTERNATIONAL PROGRAMS 

General Fund Appropriation $ 1 < 1 7,039 

145,991 

MAYORALTY-RELATED: ART AND CULTURE 

492 PROMOTION OF ART AND CULTURE 

General Fund Appropriation $ 565,513 

565,443 

Federal Fund Appropriation $ 16,500 

State Fimd Appropriation $ 73,575 

Special Fund Appropriation $ 225,740 

493 ART AND CULTURE GRANTS 

General Fund Appropriation $ 4,312,956 

MAYORALTY-RELATED: CABLE AND COMMUNICATIONS 

572 CABLE AND COMMUNICATIONS COORDINATION 

General Fund Appropriation $ 568,601 

567,501 

Special Fund Appropriation $ 90,000 

MAYORALTY-RELATED: CIVIC PROMOTION 

590 CIVIC PROMOTION 

General Fiind Appropriation $ 5,027,713 

MAYORALTY-RELATED: COMMISSION FOR WOMEN 

120 PROMOTION OF EQUAL RIGHTS FOR WOMEN 

General Fund Appropriation $ 178,735 

178,647 

Special Fund Appropriation $ 32,884 

MAYORALTY-RELATED: COMMISSION ON AGING 

324 AGING AND RETIREMENT EDUCATION 

General Fund Appropriation $ 689,^163 



421 



Ord. 585 



689.387 

Motor Vehicle Fund Appropriation . $ 325,000 

Federal Fund Appropriation $ 5,943,361 

State Fund Appropriation $ 3,518,324 

Special Fund Appropriation $ 73,254 

MAYORALTY-RELATED: 
CONDITIONAL PURCHASE AGREEMENTS 

129 CONDITIONAL PURCHASE AGREEMENT PAYMENTS 

General Fund Appropriation $ 9,077,575 

Loan & Guarantee Enterprise Fund 

Appropriation $ 187,607 

Education Fund Appropriation .... $ 

^, Special Fund Appropriation $ 

si? 

-t-L MAYORALTY-RELATED: CONTINGENT FUND 

QCZ; 121 CONTINGENT FUND 



u.. 

>.. MAYORALTY-RELATED: CONVENTION COMPLEX 



General Fund Appropriation $ 925,000 

825.000 



^) 531 CONVENTION CENTER OPERATIONS 

uj- General Fiind Appropriation $ 4, 656 , 000 

HF 4.650.567 

5* State Fund Appropriation $ 97,133 

540 BALTIMORE ARENA OPERATIONS 

General Fund Appropriation $ 650,000 

MAYORALTY-RELATED: COORD COUNQL ON CRIM JUSTICE 

224 MAYOR'S COORDINATING COUNQL ON CRIMINAL 
JUSTICE 

General Fund Appropriation $ 309 , 910 

309.773 

Federal Fund Appropriation $ 178,9312 

Special Fund Appropriation $ 275,000 

MAYORALTY-RELATED: DEBT SERVICE 

123 GENERAL DEBT SERVICE 

General Fund Appropriation $ 45,025,824 

Motor Vehicle Fund Appropriation .$ 14,887,905 
Education Fund Appropriation .... $ 



422 



Ord. 585 



MAYORALTY-RELATED: EDUCATIONAL GRANTS 

446 EDUCATIONAL GRANTS 

General Fund Appropriation $ 1,309,699 

MAYORALTY-RELATED: HEALTH AND WELFARE GRANTS 

385 HEALTH AND WELFARE GRANTS 

General Fund Appropriation $ 127,004 

MAYORALTY-RELATED: LABOR COMMISSIONER 

128 LABOR RELATIONS 

General Fund Appropriation $ ^53,629 

452,950 

MAYORALTY-RELATED: LOCAL SHARE TO CITY SCHOOLS 

352 LOCAL SHARE TO CITY SCHOOLS 

General Fund Appropriation $ 195,548,000 

MAYORALTY-RELATED: 
MISCELLANEOUS GENERAL EXPENSES 

122 MISCELLANEOUS GENERAL EXPENSES 

General Fund Appropriation $ 5,005,191 

4.495 J 24 

MAYORALTY-RELATED: 
OFFICE OF EMPLOYMENT DEVELOPMENT 

630 ADMINISTRATION (TITLE I) 

General Fund Appropriation $ 169,037 

631 JOB TRAINING PARTNERSHIP (TITLES Il/IH) 

Federal Fund Appropriation $ 12,610,263 

639 SPECL\L SERVICES 

General Fund Appropriation $ 738,738 

738,598 

Federal Fund Appropriation $ 8,852,738 

State Fund Appropriation $ 4,158,321 

MAYORALTY-RELATED: RETIREES' HEALTH BENEHTS 

351 RETIREES' HEALTH BENEFITS 

General Fund Appropriation $ 32,878,094 



423 



Ord. 585 



MAYORALTY-RELATED: SELF-INSURANCE FUND 

126 CONTRIBUTION TO SELF-INSURANCE FUND 

General Fund Appropriation $ 16 , 50^,095 

16,082,164 

Motor Vehicle Fund Appropriation . $ 3,837,145 

MUSEUM OF ART 

489 OPERATION OF MUSEUM OF ART 

General Fund Appropriation $ 3 ,983,381 

2,982,571 

PLANNING, DEPARTMENT OF 

g;;r 187 CITY PLANNING 

*SK General Fund Appropriation $ 1 , 657 , 3<13 

C— 1.657,155 

fXl'- Motor Vehicle Fund Appropriation . $ 957,568 

;g: Federal Fund Appropriation $ 517,568 

^- State Fund Appropriation $ 46,000 



C>' 



U-r 



POUCE, DEPARTMENT OF 



e^l 200 ADMINISTRATIVE DIRECTION AND CONTROL 

8^ General Fund Appropriation $ 7,955,589 



201 NHGHBORHOOD PATROL 

General Fund Appropriation $ 124,780,748 

Federal Fund Appropriation ......$ 2,638,216 

State Fund Appropriation $ 7,300,000 

202 CRIMINAL INVESTIGATIONS 

General Fund Appropriation $ 16,666,909 

Special Fund Appropriation $ 350,000 

203 TRAFFIC 

Motor Vehicle Fund Appropriation . $ 9,146,106 

State Fund Appropriation $ 50,000 

204 TECHNICAL SERVICES 

General Fund Appropriation $ 24,498,293 

Federal Fund Appropriation $ 188,288 

Special Fund Appropriation $ 1,663,392 

205 NON-ACTUARIAL RETIREMENT BENEHTS 

General Fund Appropriation $ 7,315,000 



424 



Ord. 585 



207 RESEARCH AND DEVELOPMENT 

General Fund Appropriation $ 4,190,235 

PUBUC WORKS, DEPARTMENT OF 

190 DEPARTMENTAL ADMINISTRATION 

General Fund Appropriation $ 755 , 686 

747,137 

Motor Vehicle Fund Appropriation . $ 375,503 

191 PERMITS 

General Fund Appropriation $ ' 116 , 110 

414,640 

Motor Vehicle Fund Appropriation .$ 1,867,846 

193 BUILDING MAINTENANCE 

General Fimd Appropriation $ 13,^65,309 

12,455,870 

195 TOWING 

General Fund Appropriation $ 427,248 

Motor Vehicle Fund Appropriation . $ 4,625,655 

State Fund Appropriation $ 18,762 

198 BUILDING ENGINEERING 

General Fiind Appropriation $ 365 , 856 

265.606 

230 BUREAU ADMINISTRATION 

Motor Vehicle Fund Appropriation . $ 6,938,807 

Federal Fund Appropriation $ 90,000 

231 TRAFFIC ENGINEERING 

Motor Vehicle Fimd Appropriation . $ 3,903,970 

232 PARKING MANAGEMENT 
Parking Management Fund 

Appropriation $ 3,929,011 

Federal Fund Appropriation $ 168,722 

233 SIGNS & MARKINGS 

Motor Vehicle Fund Appropriation . $ 3,983,813 

State Fund Appropriation $ 13,000 

235 PARKING ENFORCEMENT 
Parking Management Fund 
Appropriation $ 4,041,671 



425 



cr: 






Ord. 585 



239 TRAFFIC COMPUTER & COMMUNICATIONS 

Motor Vehicle Fund Appropmtion . $ 1,601,039 

500 STREET UGHTING 

Motor Vehicle Fund Appropriation .$ 15,695,285 

501 HIGPiWAY MAINTENANCE 

General Fund Appropriation $ 830 , 532 

828.581 

Motor Vehicle Fund Appropriation .$ 30,751,514 

503 HIGHWAY ENGINEERING 

General Fund Appropriation $ 1 , 20^ , 361 

1,204,633 

Motor Vehicle Fund Appropriation .$ 1,627,383 



*:i 513 SOUD WASTE MAINTENANCE 

JI!. General Fund Appropriation $ 762 , 561 

O:: 762.100 

Motor Vehicle Fund Appropriation . $ 18,715,867 



Cji 515 SOUD WASTE COLLECTION 

>», General Fund Appropriation $ 15 , 520 , 291 

t: 15.518.180 

^ Motor Vehicle Fund Appropriation .$ 2,167,643 

U. 

S* 516 SOUD WASTE DISPOSAL 

J General Fund Appropriation $ 17 , 216 , 080 

• 17.214.180 

Motor Vehicle Fund Appropriation . $ 1,023,261 

518 STORM WATER MAINTENANCE 

Motor Vehicle Fund Appropriation . $ 3,403,648 

544 SANITARY MAINTENENCE 
Waste Water Utility Fund 
Appropriation $ 9,537,374 

546 WATER MAINTENANCE 

Water Utility Fund Appropriation . . $ 18,968,427 

548 CONDUITS 

General Fund Appropriation $ 1,978,582 

550 WASTE WATER FACILITIES 
Waste Water Utilit}' Fund 
Appropriation $ 67.517,549 



426 



I 



Ord. 585 



552 WATER FACIUTIES 

Water Utility Fund Appropriation . . $ 21,338,769 

553 WATER ENGINEERING 

Water Utility Fund Appropriation . . $ 7,298,319 

554 WASTE WATER ENGINEERING 
Waste Water Utility Fund 

Appropriation $ 11,082,201 

555 ENVIRONMENTAL SERVICES 
Waste Water Utility Fund 

Appropriation $ 2,831,144 

Water Utility Fund Appropriation . . $ 596,775 

560 FACIUTIES ENGINEERING 
Waste Water Utility Fund 

Appropriation $ 486,443 

Water Utility Fund Appropriation . . $ 179,838 

561 UTIUTY BUXING 

Water Utility Fund Appropriation . . $ 7,016,765 

565 UTIUTY DEBT SERVICE 
Waste Water Utility Fund 

Appropriation $ 9,699,583 

Water Utility Fund Appropriation . . $ 11,406,144 

580 PARKING ENTERPRISE FACILITIES 
Parking Enterprise Fund 
Appropriation $ 13,388,365 

RECREATION AND PARKS, DEPARTMENT OF 

471 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation $ 2,142,673 

State Fund Appropriation $ 81,057 

2 

MUNiaPAL CONCERTS AND OTHER MUSICAL EVENTS 
General Fund Appropriation $ 60,692 

478 GENERAL PARK SERVICES 

General Fund Appropriation $ 13,381,290 

Motor Vehicle Fund Appropriation .$ 219,102 

State Fund Appropriation $ 807,600 



427 



c:- 



Ord. 585 



479 SPECIAL FACILITIES 

General Fund Appropriation $ 2,246,911 

Special Fund Appropriation $ 143,000 

480 REGULAR RECREATIONAL SERVICES 

General Fund Appropriation $ 13,225,866 

Special Fund Appropriation $ 12,630 

482 SUPPLEMENTARY RECREATIONAL SERVICES 

State Fund Appropriation $ 31,863 

Special Fund Appropriation $ 1,331,969 

505 PARK AND STREET TREES 

General Fund Appropriation $ 241,220 

Motor Vehicle Fund Appropriation .$ 2,221,395 



<:i. SHERIFF, OFFICE OF 

OC:' 118 SHERIFF SERVICES 

S: General Fund Appropriation $ 4 , 762 , 000 

*^ 4.760.292 

UU. 

o 

>^ SOCIAL SERVICES, DEPARTMENT OF 

fc 

CO 365 PUBUC ASSISTANCE 

4^ General Fund Appropriation $ 501,000 

> 

5 STATE'S ATTORNEY, OFFICE OF 

115 PROSECUTION OF CRIMINALS 

General Fund Appropriation $ 12,632,000 

Federal Fund Appropriation $ 978,457 

State Fund Appropriation $ 133,986 

Special Fund Appropriation $ 81,455 

WAGE COMMISSION 

165 WAGE ENFORCEMENT 

General Fund Appropriation $ 137 , ^53 

187.345 

WAR MEMORL\L COMMISSION 

487 OPERATION OF WAR MEMORIAL BUILDING 

General Fund Appropriation $ 3 6 - 1 ,0 79 



428 



Ord. 585 

263,929 

ZONING APPEALS, DEPARTMENT OF MUNIQPAL AND 

185 ZONING, TAX, AND OTHER APPEALS 

General Fund Appropriation $ 356,330 

356,135 

INTERNAL SERVICE FUND AUTHORIZATIONS 

Civil Service Commission 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the 
operation of the Unemployment Insurance Function, the costs of 
which are to be recovered from contributions from various Fund 



161 Vision Care Program 

An internal service fond is hereby authorized to provide for the 

operation of an Employee "V^ion Care Program, the costs of 

which are to be recovered from contributions from various Fund 

sources. 

Comptroller, Department of 

130 Executive Direction and Control 

An internal service fond is hereby authorized to provide for the 
administration of the Mimicipal Telephone Exchange and the 
Municipal Post Office, the cost of which is to be recovered from 
using agencies. 

133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for 
operation of a Municipal Telephone Exchange, the costs of 
which are to be recovered from using agencies. 

136 Municipal Post Office 

An internal service fond is hereby authorized to provide for 
operation of a Mimicipal Post Office, the costs of which are to be 
recovered from using agencies. 

Finance, Department of 

144 Purchasing 

An internal service fund is hereby authorized to provide for 
operation of a Municipal Reproduction and Printing Service, the 
costs of which are to be recovered from using agencies. 



429 



Ord. 585 



An internal service fund is hereby authorized to provide for 
Centralized Automotive Parts Warehousing and Inventory, the 
costs of which are to be recovered from using agencies. 

145 Risk Management Services 

An internal service fund is hereby authorized to provide for the 
operation of the Risk Management Office, the costs of which are 
to be recovered from the Self-Insurance Fund. 

148 Bureau of Accounting Operations 

An internal service fund is hereby authorized to provide for 
accounting services of the Mobile Equipment Program, the costs 
of which are to be recovered from using agencies. 

_ . Law, Department of 

C- 

^' 

<:L. 175 Legal Services 

5^'. An internal service fund is hereby authorized to provide for a 

CC' Self -Insurance Program Covering Automotive Equipment, Police 






Animal Liability and Employee Liability, the costs of which are 
to be recovered from the Self-Insurance Fund. 

Public Works, Department of 



CO 189 Fleet Management 

^ An internal service fund is hereby authorized to provide for 

> operation of a Central Automotive and Mechanical Repair 

S Service, the costs of which are to be recovered from using 

— agencies. 

190 Departmental Administration 

An internal service fund is hereby authorized to provide for the 
administration of all City contracts for construction or alteration 
of streets, highways, bridges, public buildings, or other 
municipal facilities, the costs of which are to be recovered from 
capital project appropriations. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for 
inspection of construction or alterations of City-ov^ned buildings, 
the costs of which are to be recovered from capital project 
appropriations or using agencies. 

230 Bureau Administration (Transportation) 
An internal service fund is hereby authorized to provide for 
testing of materials and insj>ection services of highway 
construction and reconstruction projects, the costs of which are 
to be recovered from capital project appropriations. 

430 



Ord. 585 



500 Street Lighting 

An internal service fund is hereby authorized to provide for 
operation of a City-owned Two-way Radio System, the costs of 
which are to be recovered from using agencies. 

553 Water Engineering 

An internal service fund is hereby authorized to provide for 
inspection service for the construction or alteration of the City's 
water system, the costs of which are to be recovered from 
capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for 
inspection service for Municipal Facilities, the costs of which are 
to be recovered from capital project appropriations. 

B. CAPITAL BUDGET 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be 
placed in Construction Reserve accounts at the beginning of the 
fiscal year and transferred by the Board of Estimates to 
Construction Accounts as project funds are needed. 

BALTIMORE CITY PUBUC SCHOOLS 

417-001 EDUCATION CONSTRUCTION RESERVE 

City Loan Fund Appropriation .... $ 693,000 

Mayor and City Council 

Real Property Fund Appropriation . . $ 500,000 

417-010 JAMES McHENRY ELEMENTARY - WINDOWS/CHILLER 
City Loan Fimd Appropriation .... $ 112,000 

State Fund Appropriation $ 262,000 

417-013 TENCH TILGHMAN ELEMENTARY #13 - ROOF REPAIR 
City Loan Fund Appropriation .... $ 66,000 

State Fund Appropriation $ 163,000 

417-014 PARK HEIGHTS ELEMENTARY #14 - ROOF REPAIR 
City Loan Fund Appropriation .... $ 59,000 

State Fund Appropriation $ 141,000 

417-016 JOHNSTON SQUARE ELEMENTARY - WINDOWS 
City Loan Fund Appropriation .... $ 72,000 

State Fund Appropriation $ 1 78,000 



431 



Ord. 585 



c:. 

—.» 
>• 

S: 

o 






417-026 MADISON SQUARE ELEMENTARY - WINDOWS 

City Loan Fund Appropriation .... $ 127,000 

State Fund Appropriation $ 314,000 

417-049 NORTHEAST MIDDLE SCHOOL #49 - ROOF 

City Loan Fund Appropriation .... $ 113,000 

State Fund Appropriation $ 281,000 

417-083 WILLLfliM PACA ELEMENTARY #83 - ROOF 

City Loan Fund Appropriation .... $ 46,000 

State Fund Appropriation $ 113,000 

417-115 VENABLE SENIOR HIGH - WINDOWS 

City Loan Fund Appropriation .... $ 66,000 

State Fund Appropriation $ 163,000 

417-125 FURMAN L. TEMPLETON ELEMENTARY #125 - ROOF 
City Lpan Fund Appropriation .... $ 86,000 

State Fund Appropriation $ 212,000 

417-160 CARTER GODWIN-WOODS ON ELEMENTARY #160 
City Loan Fund Appropriation .... $ 149,000 

State Fund Appropriation $ 402,000 

417-180 ARNETT J. BROWN JR. MIDDLE #180 - ROOF 

City Loan Fund Appropriation .... $ 188,000 

State Fund Appropriation $ 465,000 

417-216 FRANKFORD INTERMEDL^iTE - WINDOWS 

City Loan Fund Appropriation .... $ 112,000 

State Fund Appropriation $ 278,000 

417-225 WESTPORT ELEMENTARY #225 

City Loan Fund Appropriation .... $ 74,000 

State Fund Appropriation $ 109,000 

417-226 VIOLETVILLE ELEMENTARY #226 - WINDOWS 

City Loan Fund Appropriation .... $ 48,000 

State Fund Appropriation $ 118,000 

417-228 JOHN RUHRAH ELEMENTARY #228 - ROOF 

Cir>' Loan Fund Appropriation .... $ 55,000 

State Fund Appropriation $ 137,000 

417-241 FALLSTAFF MIDDLE #241 

City Loan Fund Appropriation .... $ 11 9,000 

State Fund Appropriation $ 295,000 



432 



Ord. 585 



417-242 NORTHWOOD ELEMENTARY #242 - ROOF 

City Loan Fund Appropriation .... $ 68,000 

State Fund Appropriation $ 168,000 

417-405 PATTERSON HIGH SCHOOL SCIENCE LABORATORY 
City Loan Fund Appropriation .... $ 162,000 

State Fund Appropriation $ 486,000 

417-454 CARVER HIGH SCHOOL #454 
"LOOK OF THE FUTURE" 

City Loan Fund Appropriation .... $ 130,000 

State Fund Appropriation $ 392,000 

417-480 CITY COLLEGE - ROOF 

City Loan Fund Appropriation .... $ 292,000 

418-020 SCHOOL CONSTRUCTION - ASBESTOS REMOVAL 
City Loan Fund Appropriation .... $ 1,661,000 

418-058 ASHBURTON ELEMENTARY SCHOOL #58 

City Loan Fund Appropriation .... $ 612,000 

418-232 THOMAS JEFFERSON ELEMENTARY SCHOOL #232 
City Loan Fund Appropriation $ 387,000 

418-247 CROSS COUNTRY ELEMENTARY SCHOOL #247 
City Loan Fund Appropriation .... $ 2,113,000 

State Fund Appropriation $ 2,622,000 

418-410 MERGENTHALER HIGH SCHOOL #410 

City Loan Fund Appropriation .... $ 390,000 

BALTIMORE DEVELOPMENT CORPORATION 

601-854 ENTERPRISE DEVELOPMENT FUND 
Mayor and City Council 
Real Property Fund Appropriation . . $ 500,000 

601-858 FUTURE BALTIMORE DEVELOPMENT PROJECTS 
City Loan Fund Appropriation .... $ 1,000,000 

Federal Fund Appropriation $ 1,500,000 

601-865 BIOTECHNOLOGY INITIATIVES 

City Loan Fund Appropriation .... $ 1,250,000 

603-106 PRESIDENT STREET STATION - RESTORATION 

Federal Fund Appropriation $ 118,000 



433 



cs 



Ord. 585 



603-113 POWER PLANT - IMPROVEMENTS 

General Fund Appropriation $ 200,000 

603-118 PEDESTRIAN BRIDGE - PIERS 3 AND 4 

City Loan Fund Appropriation .... $ 1,080,000 

603-303 VISITOR'S CENTER 

State Fund Appropriation $ 131,000 

603-504 CHILDREN'S MUSEUM - DEVELOPMENT 

Other Special Fund Appropriation . . $ 18,000,000 

State Fund Appropriation $ 1,000,000 

603-700 HOWARD STREET REVTTALIZATION 

City Loan Fund Appropriation .... $ 1,570,000 



<:U 603-901 DOWNTOWN PARTNERSMP - IMPROVEMENTS 

or. 



City Loan Fund Appropriation .... $ 250,000 

BALTIMORE MUSEUM OF ART 



Q; 488-008 MUSEUM OF ART - PARKING PLAZA 

^ Federal Fund Deappropriation .... $ (200,000) 

i^ General Fund Deappropriation .... $ (98,000) 

CO Motor Vehicle Fund Deappropriation $ (100,000) 

OC 

> 488-019 MUSEUM OF ART - SYSTEM IMPROVEMENTS 

Zt General Fund Appropriation $ 72,000 

488-020 MUSEUM OF ART - ENTRANCE - DESIGN STUDY 
General Fund Appropriation $ 30,000 

CITY LIFE MUSEUMS 

491-019 CARROLL MANSION RENOVATIONS - COURTYARD 

General Fund Appropriation $ 98,000 

Other Special Fund Appropriation . . $ 294,000 

COMPTROLLER 

537-005 RECREATION PIER - REPAIRS 

General Fund Deappropriation .... $ (1,0(X)) 

ENOCH PRATT FREE LIBRARY 

457-021 LIBRARIES - PUBUC ACCESS TECHNOLOGY - 
CIRCULATION 
General Fund Appropriation $ 100,000 

434 



Ord. 585 



Other Special Fund Appropriation . . $ 50,000 

457-022 CD-ROM DATABASE NETWORK SYSTEM 

General Fund Appropriation $ 75,000 

Other Special Fund Appropriation . . $ 25,000 

457-029 ISDN TELECOMMUNICATION INSTALLATION 

General Fund Appropriation $ 50,000 

HRE 

208-001 HRE DEPARTMENT IMPROVEMENTS 

General Fund Deappropriation .... $ (1,000) 

208-026 COMMUNICATION SYSTEM - MODERNIZATION 
All Other Debt Appropriation $ 14,620,000 

208-027 FIREBOAT - PURCHASE 

State Fund Appropriation $ 35,000 

HEALTH 

312-002 EASTERN HEALTH DISTRICT - EXPANSION 

City Loan Fund Appropriation .... $ 3,000,000 

Other Special Fund Appropriation . . $ 61,000 

HOUSING AND COMMUNITY DEVELOPMENT 

571-006 BATTLE MONUMENT PLAZA 

Federal Fund Appropriation $ 55,000 

Motor Vehicle Fund Appropriation . $ 25,000 

Other Special Fund Appropriation . . $ 15,000 

State Fund Appropriation $ 15,000 

588-001 COMMUNITY DEVELOPMENT IMPROVEMENTS 

General Fund Deappropriation .... $ (11,000) 

588-012 EUBIE BLAKE CENTER 

State Fund Appropriation $ 200,000 

588-202 PARK HEIGHTS - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 300,000 

588-283 PIMUCO RACE TRACK IMPACT PROGRAM 

State Fund Appropriation $ 398,000 

588-301 DRUID HEIGHTS - COMMUNTTY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 100,000 



435 



Ord. 585 



588-302 HARLEM PARK - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 100,000 

588-303 RESERVOIR HILL - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 2,356,000 

588-305 ROSEMONT - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 75,000 

588-306 SANDTOWN WINCPiESTER - 
COMMUNITY DEVELOPMENT 
City Loan Fimd Appropriation .... $ 1,000,000 

588-307 UPTON - COMMUNITY DEVELOPMENT 
^^ ^ CDBG Loan Fund Appropriation ... $ 226,000 

£•'. State Fund Appropriation $ 800,000 

j;! 588-308 PENN NORTH - COMMUNITY DEVELOPMENT 

OC: CDBG Loan Fund Appropriation ... $ 60,000 



O 



588-313 MADISON PARK NORTH - 

COMMUNITY DEVELOPMENT 



5^ City Loan Fund Appropriation .... $ 300,000 

53 588-318 INNER BLOCK PARKS - RENOVATION 

£ City Loan Fund Appropriation .... $ 100,000 

> 

5 588-332 PENNSYLVANL\ AVENUE COMMERCL\L AREA 

- City Loan Fund Appropriation .... $ 100,000 

588-340 DOLFIELD COMMERCLU AREA 

City Loan Fund Appropriation .... $ 150,000 

588-406 POPPLETON - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 100,000 

588-409 WASHINGTON VILLAGE - IMPROVEMENTS 

CDBG Loan Fund Appropriation ... $ 150,000 

588-505 JONESTOWN - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 103,000 

588-506 MIDDLE EAST - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 225,000 

588-508 WASHINGTON HILL CHAPEL 

CDBG Loan Fund Appropriation ... $ 129,000 



436 



I 



Ord. 585 



588-512 SOUTHEAST SECTOR OUTER CITY 

CDBG Loan Fund Appropriation ... $ 150,000 

588-584 WATERFRONT IMPROVEMENTS 

City Loan Fund Appropriation $ 100,000 

588-601 COLDSTREAM/HOMESTEAD/MONTEBELLO - 
COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 41,000 

588-604 GREENMOUNT WEST - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 150,000 

588-605 JOHNSTON SQUARE - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 100,000 

588-607 OLDTOWN - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 100,000 

588-608 OLIVER - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation ... $ 105,000 

588-616 NEHEMIAH HOUSING m 

CDBG Loan Fund Appropriation ... $ 1,045,000 

588-684 BROADWAY EAST - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation ... $ 200,000 

588-802 CITY HOUSING ASSISTANCE PROGRAM LOANS 
CDBG Loan Fund Appropriation ... $ 400,000 

588-803 DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation ... $ 1,100,000 

588-810 DIRECT HOMEOWNERSHIP ASSISTANCE PROGRAM 
CDBG Loan Fund Appropriation ... $ 1,000,000 

588-815 NEHEMIAH HOUSING I 

CDBG Loan Fund Appropriation ... $ 2,714,000 

588-816 REVOLVING LOAN/DEFERRED LOAN PROGRAM 
CDBG Loan Fund Appropriation ... $ 150,000 

588-824 EMERGENCY SHELTER GRANTS 

Federal Fund Appropriation $ 813,000 

588-830 APPROACHWAY IMPROVEMENTS 

City Loan Fund Appropriation .... $ 100,000 



437 



Ord. 585 



588-831 COMMERCIAL REVITAUZATION 

City LxDan Fund Appropriation .... $ 250,000 

588-848 HOME PROGRAM 

City Loan Fund Appropriation .... $ 1,000,000 

588-849 PARTNERSHIP RENTAL PROJECT 

City Loan Fund Appropriation .... $ 500,000 

588-852 RENTAL REHABIUTATION 

Federal Fund Appropriation $ 500,000 

588-853 VACANT HOUSE DEMOLITION 

City Loan Fund Appropriation .... $ 250,000 

. CDBG Loan Fund Appropriation ... $ 750,000 

^^ 

«:c: 588-880 PUBUC HOUSING - REPLACEMENT 

j;f CDBG Loan Fund Appropriation ... $ 800,000 

<i: 

S: 
uu. 
O' 

^ 588-886 CONSERVATION AREAS 

t* City Loan Fund Appropriation $ 300,000 



CO 



588-885 EMERGENCY DEMOLITION 

CDBG Loan Fund Appropriation ... $ 450,000 



588-887 EMERGENCY ACQUISITION FUND 



> City Loan Fund Appropriation .... $ 500,000 

588-888 HARDSHIP HOME REPAIR FOR THE ELDERLY 

CDBG Loan Fund Appropriation ... $ 200,000 

588-893 NHGHBORHOOD SERVICES AND 
IMPROVEMENT PROGRAM 
City Loan Fund Appropriation .... $ 1,450,000 

Mayor and City Council 

Real Property Fund Appropriation . . $ 500,000 

Other Special Fund Appropriation . . $ 600,000 

588-894 NEIGHBORHOOD INCENTIVE PROGRAM 

City Loan Fund Appropriation .... $ 300,000 

588-895 GEOGRAPHIC INFORMATION SYSTEM MAP 
Mayor and City Council 
Real Property Fund Appropriation . . $ 100,000 

588-896 VACANT HOUSE INITIATIVE 

City Loan Fund Appropriation .... $ 500,000 

CDBG Loan Fund Appropriation ... $ 300,000 

438 



I 



Old. 585 



588-897 VACANT LOT PROGRAM 

General Fund Deappropriation .... $ (80,000) 

588-899 LOCAL PUBUC AGENCY - REHABIUTATION 

CDBG Loan Fund Appropriation ... $ 950,000 

588-916 OLD HOLUNS BRANCH LIBRARY (#2) 

CDBG Loan Fund Appropriation ... $ 100,000 

588-920 STREET TREES 

City Loan Fund Appropriation .... $ 100,000 

588-947 BALTIMORE UNEMPLOYMENT COUNCIL 

CDBG Loan Fund Appropriation ... $ 50,000 

588-948 FRANQSCAN CENTER 

CDBG Loan Fund Appropriation ... $ 70,000 

588-949 WEST BALTIMORE PROPERTY REHABIUTATION 
CDBG Loan Fund Appropriation ... $ 400,000 

588-950 HOUSE OF RUTH 

CDBG Loan Fund Appropriation ... $ 100,000 

MAYORALTY 

127-004 MARYLAND GENERAL HOSPITAL - RENOVATION 
City Loan Fund Appropriation $ 1,000,000 

127-005 LYRIC OPERA HOUSE - IMPROVEMENTS 

City Loan Fund Appropriation .... $ 600,000 

127-067 PATTERSON PARK CASINO BUILDING RENOVATION 
Other Special Fund Appropriation . . $ 7,000 

State Fund Appropriation $ 187,000 

127-095 NEIGHBORHOOD FACILITIES - RENOVATION 

General Fund Deappropriation .... $ (15,000) 

127-110 MUSEUM OF INDUSTRY - 

WATERFRONT DEVELOPMENT 

General Fund Appropriation $ 100,000 

Other Special Fund Appropriation . . $ 100,000 

State Fund Appropriation $ 150,000 

127-111 MUSEUM OF INDUSTRY - 

RENOVATION/ROOF REPAIR 
Other Special Fund Appropriation . . $ 150,000 



439 



Ord. 585 



127-112 MUSEUM OF INDUSTRY - 

PARK/CONFERENCE CENTER 

Other Special Fund Appropriation . . $ 205,000 

State Fund Appropriation $ 350,000 

127-115 WALTERS ART GALLERY - 1974 WING RENOVATION 

City Loan Fund Appropriation .... $ 750,000 

Other Special Fund Appropriation . . $ 500,000 

State Fund Appropriation $ 750,000 

127-118 WALTERS ART GALLERY COMPUTER SYSTEM 

Other Special Fund Appropriation . . $ 80,000 

129-001 MAYOR'S OFFICE 

CONSTRUCTION RESERVE ACCOUNT 

General Fund Deappropriation .... $ (28,000) 



2!! 

J-| 483-010 BALTIMORE ZOO - 

O:'' CHIMPANZEE FOREST - CONSTRUCTION 

Jf j Other Special Fund Appropriation . . $ 402,000 

^ 483-016 BALTIMORE ZOO - INTERNATIONAL VALLEY - 

^ RECONSTRUCTION 

^ Other Special Fund Appropriation . . $ 1,100,000 

2^ 524-021 MUNiaPAL MARKETS - fiVAC RENOVATIONS 

> General Fund Appropriation $ 250,000 

2^ 

- 529-025 AQUARIUM - RING TANKS - RENOVATION 

State Fund Appropriation $ 1,000,000 

POUCE 

206-005 NORTHERN DISTRICT STATION - REPLACEMENT 
General Fund Deappropriation .... $ (150,000) 

PUBUC WORKS 

197-001 PUBUC IMPROVEMENTS 

General Fund Deappropriation .... $ (38,000) 

197-013 DISTRICT POUCE BUILDINGS - RENOVATION 

General Fund Appropriation $ 160,000 

197-031 GENERAL SERVICES MAINTENANCE BUILDING 
General Fund Appropriation $ 130,000 



440 



Ord. 585 



197-120 WOLMAN BUILDING - WINDOW REPLACEMENT 
General Fund Deappropriation .... $ (5,000) 

197-136 UNDERGROUND STORAGE TANK REMOVAL 

General Fund Deappropriation .... $ (269,000) 

504-100 FOOTWAY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation . $ 100,000 

Other Special Fund Appropriation . . $ 1,000,000 

504-200 ALLEY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation . $ 1,000,000 

Other Special Fund Appropriation . . $ 1,000,000 

504-300 SIDEWALKS DAMAGED BY TREE ROOTS - REPAIRS 
Motor Vehicle Fund Appropriation . $ 1,900,000 

507-001 INTERSTATE PROGRAM CONSTRUCTION RESERVE 
Motor Vehicle Fund Appropriation . $ 700,000 

Other Special Fund Appropriation . . $ 500,000 

507-002 PROJECT VISION STREETS - RESURFACING 

Federal Fimd Appropriation $ 998,000 

Motor Vehicle Fund Appropriation . $ 249,000 

507-185 CENTRAL AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 12,866,000 

507-215 B & O MUSEUM STUDY/ACQUISITION 

Federal Fund Appropriation $ 1,296,000 

Other Special Fiind Appropriation . . $ 1,160,000 

507-217 HARRIS CREEK 

Federal Fund Appropriation $ 207,000 

Other Special Fimd Appropriation . . $ 190,000 

507-222 INNER HARBOR PROMENADE 

Federal Fund Appropriation $ 358,000 

507-312 CLEANING AND PAINTING VARIOUS BRIDGES 

Federal Fund Appropriation $ 240,000 

Motor Vehicle Fund Appropriation . $ 60,000 

507-313 ISTEA ENHANCEMENT RESERVE ACCOUNT 

Federal Fund Appropriation $ 750,000 

Other Special F\ind Appropriation . . $ 750,000 



441 



Ord. 585 



507-815 MONROE STREET VIADUCT CBC# 5214) - 
REPLACEMENT 

Federal Fund Appropriation $ 800,000 

Motor Vehicle Fund Appropriation . $ 200,000 

507-817 FREDERICK AVENUE BRIDGE (BC#9013) - 
REHABIUTATION 

Federal Fund Appropriation $ 2,400,000 

Motor Vehicle Fund Appropriation . $ 600,000 

507-913 TRAFFIC CONTROL SYSTEM STUDY 

Federal Fund Deappropriation .... $ (600,000) 

507-914 TRAFFIC SIGNAL CONFLICT MONITOR STUDY 

Federal Fund Deappropriation .... $ (100,000) 

<::: 507-915 TRAFFIC SIGNAL DETECTORS - INSTALLATION 

j;. Federal Fund Deappropriation .... $ (100,000) 

or:* Motor Vehicle Fund Appropriation . $ 500,000 



O 



508-077 COLD SPRING LANE (KERNWOOD TO ROLAND) 
RESURFACING 



>^ Motor Vehicle Fund Appropriation . $ 725,000 

^' 508-108 CEDONL\ AVENUE - RECONSTRUCTION 

5 Motor Vehicle Fund Appropriation . $ 42,000 

> 

5 508-127 SUN STREET - RECONSTRUCTION 

~ Motor Vehicle Fund Appropriation . $ 200,000 

508-421 PATAPSCO/PENNINGTON/CURTIS AVE 
INTERSECTION - RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 100,000 

508-441 CRUISE SHIP TERMINAL AREA STREETS 

Motor Vehicle Fund Appropriation . $ 3,350,000 

508-443 MARKET PLACE STREET IMPROVEMENTS 

Motor Vehicle Fund Appropriation .$ 1,000,000 

508-444 CAROLINE STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation .$ 1,500.000 

508-482 LAWRFi^CE STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 400,000 



442 



I 



Ord. 585 



508-489 HOUSING & COMMUNITY DEVELOPMENT 
STREET IMPROVEMENTS 
Motor Vehicle Fund Appropriation . $ 500,000 

508-502 INNER HARBOR EAST STREET IMPROVEMENTS 
Motor Vehicle Fund Appropriation . $ 250,000 

508-546 ARABIA AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 25,000 

508-555 LANCASTER STREET AND ADJACENT BULKHEAD - 
RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 250,000 

508-559 MINERVA AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 1 5,000 

508-606 HOPKINS/BAYVIEW RESEARCH PARK 
INTERNAL STREET 
Motor Vehicle Fund Appropriation . $ 2,000,000 

Other Special Fund Appropriation . . $ 2,000,000 

508-846 MAPPING PROGRAM - HIGHWAYS 

Motor Vehicle Fund Appropriation . $ 100,000 

508-910 CHRISTOPHER COLUMBUS CENTER BULKHEAD 
Motor Vehicle Fund Appropriation . $ 6,300,000 

509-026 MONTGOMERY STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 100,000 

509-098 PLEASANT STREET TO FALLSWAY 
CONNECTOR ROADWAY 
Motor Vehicle Fund Appropriation . $ 201,000 

509-100 ARBUTON AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 370,000 

509-101 FAIRFIELD ECOLOGICAL INDUSTRIAL PARK - 
ROAD RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 205,000 

509-102 COLLEGE, COX, AND COURT STREETS - 
RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 28,000 



443 



Ord. 585 



509-104 CHURCHILL AND ELBERT STREETS - 
RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 226,000 

509-106 GREENS PRING AVENUE/NORTHERN PARKWAY - 
RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 50,000 

509-107 FflGHMAN, PARKMAN, AND INVERNESS AVENUES 
Motor Vehicle Fund Appropriation . $ 321,000 

509-108 HAWKINS POINT ROAD RESURFACING 

Motor Vehicle Fund Appropriation . $ 800,000 

509-109 CHESLEY AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 75,000 



<:;• 

^•! 509-110 PEDESTRIAN WALKWAY BRIDGES - REFURBISHMENT 

or.' Motor Vehicle Fund Appropriation .$ 1,000,000 

^ 509-114 ART MUSEUM DRIVE RECONHGURATION 

q; Motor Vehicle Fund Appropriation . $ 800,000 

t; 509-115 HOLUNS FERRY ROAD - RECONSTRUCTION 

CO Motor Vehicle Fund Appropriation . $ 750,000 

U.' 

> 509-124 PINEWOOD AVENUE - RECONSTRUCTION 

2 Motor Vehicle Fund Appropriation . $ 570,000 

509-129 BANGER STREET - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 86,000 

509-531 PLEASANT VIEW AVENUE - RECONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 180,000 

509-547 EASTBOURNE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 345,000 

509-548 ELSRODE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 56,000 

509-596 TUNBRIDGE ROAD - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 77,000 

509-669 YORKSHIRE DRIVE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 24,000 



Ord. 585 



509-674 CHESAPEAKE AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 301,000 

509-732 ROADWAY CAPACITY AND SAFETY IMPROVEMENTS 
Motor Vehicle Fund Appropriation . $ 300,000 

509-840 BROADWAY PLAZA IMPROVEMENTS 

Federal Fund Deappropriation $ (100,000) 

Motor Vehicle Fund Appropriation . $ 100,000 

509-845 HOMELAND AVENUE - RECONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 1,118,000 

510-005 DOWNTOWN STREET UGHTING 

Motor Vehicle Fund Appropriation . $ 500,000 

510-006 JONES FALLS STREET UGHTING 

Motor Vehicle Fund Appropriation . $ 220,000 

510-007 SERIES CIRCUIT STREET LIGHTING 

Motor Vehicle Fund Appropriation . $ 610,000 

512-003 CITY SIGN SHOP ROOF 

Motor Vehicle Fund Appropriation .$ 160,000 

512-004 TRAFFIC SIGNAL CONFUCT MONITORS 

Motor Vehicle Fund Appropriation . $ 500,000 

514-100 STREET RECONSTRUCTION RESERVE 

Motor Vehicle Fund Deappropriation $ (800,000) 

514-200 LOCAL STREET RESURFACING PROGRAM 

Motor Vehicle Fund Appropriation .$ 15,000,000 

514-432 CHARLES STREET (COLD SPRING TO HOMELAND) - 
RESURFACING 
Motor Vehicle Fund Appropriation . $ 362,000 

514-435 BELLEMORE ROAD - RESURFACING 

Motor Vehicle Fund Appropriation . $ 225,000 

514-436 MONROE STREET - RESURFACING 

Motor Vehicle Fund Appropriation . $ 231,000 

514-438 BLOOMINGDALE ROAD - RESURFACING 

Motor Vehicle Fund Appropriation . $ 205,000 



445 



Ord. 585 



514-441 CALVERT STREET (MADISON TO MT ROYAL) - 
RESURFACING 
Motor Vehicle Fund Appropriation . $ 232,000 

514-443 CHARLES STREET (WINDER TO MONTGOMERY) - 
RESURFACING 
Motor Vehicle Fund Appropriation . $ 290,000 

514-444 CHASE STREET - RESURFACING 

Motor Vehicle Fund Appropriation . $ 280,000 

514-447 GRANADA AVENUE - RESURFACING 

Motor Vehicle Fund Appropriation . $ 291,000 

514.448 GREENE STREET - RESURFACING 
_ Motor Vehicle Fund Appropriation . $ 300,000 

>:.' 514-449 REISTERSTOWN ROAD (WOODLAND TO HAYWARD) 

or: Motor Vehicle Fund Appropriation .$ 475,0(X) 



c:i 



5:: 



517-063 PILOT METHANE SYSTEM - REPLACEMENT 

General Fund Appropriation $ 335,000 

Other Special Fund Appropriation . . $ 75,000 



^ 517-066 SANITARY LANDFILL FEASIBILITY STUDY 

u. General Fund Deappropriation .... $ (100,0(X)) 

> 

? 517-068 SWEEPER PAD - CONSTRUCTION 

Motor Vehicle Fund Appropriation . $ 250,000 

Revenue Bond Fund Appropriation . $ 25,000 

517-500 SOUD WASTE - ANNUAL IMPROVEMENTS 

General Fund Deappropriation .... $ (3,000) 

520-030 CSX RAILROAD (formerly B&O RR) STORM DRAIN - 
CONSTRUCTION 
Motor Vehicle Fund Appropriation . $ 200,000 

520-099 SMALL STORM DRAIN REPAIRS 

Motor Vehicle Fund Appropriation . $ 340,000 

520-127 FAIRFIELD DRAINAGE IMPROVEMENTS 

Motor Vehicle Fund Appropriation . $ 1,819,000 

520-130 OT)ONNELL HEIGHTS DRAINAGE IMPROVEMENTS 
Motor Vehicle Fund Appropriation . $ 150,000 



446 



Ord. 585 



520-158 COLD SPRING LANE STORM DRAIN - IMPROVEMENT 
Motor Vehicle Fund Appropriation . $ 680,000 

520-161 COLLEGE AVENUE STORM DRAIN OUTFALL 

Motor Vehicle Fund Appropriation . $ 290,000 

525-027 BROOKLYN FLOOD CONTROL I 

Motor Vehicle Fund Appropriation . $ 300,000 

525-141 FLOOD PLAIN DATA BASE STUDY 

Motor Vehicle Fund Appropriation . $ 100,000 

525-303 FLOOD ALERT SYSTEM UPGRADES 

Motor Vehicle Fund Appropriation . $ 82,000 

525-314 GWYNNS RUN POLLUTION CONTROL 

Motor Vehicle Fund Appropriation . $ 353,000 

State Fund Appropriation $ 50,000 

525-431 GWYNNS FALLS DEBRIS COLLECTOR 

Motor Vehicle Fund Appropriation .$ 110,000 

525-435 GWYNNS FALLS HABITAT IMPROVEMENT 

Federal Fund Appropriation $ 500,000 

Motor Vehicle Fund Appropriation . $ 250,000 

State Fimd Appropriation $ 250,000 

525-437 BROOKLYN STORM WATER - PHASE U 

Motor Vehicle Fund Appropriation . $ 200,000 

525-514 RACE STREET ENVIRONMENTAL STUDY 

Motor Vehicle Fund Appropriation . $ 450,000 

525-637 JONES FALLS STREAMBANK - 
SOUTH OF COLD SPRING LANE 
Motor Vehicle Fund Appropriation . $ 122,000 

525-638 HERRING RUN AT HARFORD ROAD - 
EROSION CONTROL 
Motor Vehicle Fund Appropriation .$ 109,000 

525-905 LOWER GWYNNS FALLS DIKE - PHASE II 

Motor Vehicle Fund Appropriation . $ 800,000 

State Fimd Appropriation $ 800,000 

551-144 MAPPING PROGRAM - WASTE WATER SYSTEM 
Waste Water Utility Fund 
Appropriation $ 350,000 



447 



Ord. 585 



551-233 WASTE WATER SYSTEM - ANNUAL IMPROVEMENTS 

County Fund Appropriation $ 650,000 

Revenue Bond Fund Appropriation . $ 650,000 

551-315 PATAPSCO PLANT - SLUDGE FAdLITIES - 
RENOVATION 

County Fund Appropriation $ 3,522,000 

Revenue Bond Fund Appropriation . $ 1,658,000 

551-319 BACK RIVER PLANT - SECONDARY TREATMENT II - 
MODIFICATION 

County Fund Appropriation $ 4,007,000 

Federal Fund Appropriation $ 9,796,000 

Revenue Bond Fund Appropriation . $ 4,007,000 

Ei- 551-321 BACK RIVER PLANT - ROAD SYSTEM - 

<:J: CONSTRUCTION 

j;. County Fund Appropriation $ 200,000 

CC:' Revenue Bond Fund Appropriation . $ 200,000 

^* 551-402 COMBINED SEWER SEPARATION PROGRAM 

q! Revenue Bond Fund Appropriation . $ 275,000 

tn 551-409 UPPER JONES FALLS CONVEYANCE SYSTEM 

^ County Fund Appropriation $ 225,000 

i4_. Revenue Bond Fiuid Appropriation . $ 523,000 

> 

J 551-898 CONSTRUCTION GRANT PROGRAM 

County Fund Appropriation $ 600,000 

Waste Water Utility Fund 
Appropriation $ 400,000 

557-012 WATER STORAGE TANKS MAINTENANCE PROGRAM 
Revenue Bond Fund Appropriation . $ 750,000 

557-034 GUILFORD AND CROMWELL PUMPING STATION - 
IMPROVEMENTS 

County Fund Appropriation $ 519,000 

Revenue Bond Fund Appropriation . $ 331,000 

557-080 ASHBURTON AND VERNON PUMPING STATIONS - 
IMPROVEMENTS 
Revenue Bond Fund Appropriation . $ 429,000 

557-083 CHLORINE LEAK DETECTION & TELEMETRY SYSTEM 

County Fund Appropriation $ 458,000 

Revenue Bond Fund Appropriation . $ 457,000 



448 



Ord. 585 



557-099 MAPPING PROGRAM - WATER SUPPLY SYSTEM 
Water Utility Fund Appropriation . . $ 350,000 

557-100 WATER INFRASTRUCTURE REHABIUTATION 

Revenue Bond Fund Appropriation . $ 3,000,000 

Water Utility Fund Appropriation . . $ 2,650,000 

557-101 WATER MAINS - INSTALLATION 

Revenue Bond Fund Appropriation . $ 1,000,000 

557-112 WATER SYSTEM CATHODIC PROTECTION 

Water Utility Fund Appropriation . . $ 75,000 

557-128 WATER METER CONVERSION & 
METER INSTALLATION 
Revenue Bond Fund Appropriation . $ 1,000,000 

557-153 WATER QUAUTY ASSURANCE STUDY 

County Fund Appropriation $ 185,000 

Revenue Bond Fund Appropriation . $ 315,000 

557-300 WATER FACILITIES - ANNUAL IMPROVEMENTS 

County Fund Appropriation $ 296,000 

Revenue Bond Fimd Appropriation . $ 504,000 

557-313 MAINTENANCE SHOP AND STORAGE BUILDING 

County Fund Appropriation $ 74,000 

Revenue Bond Fund Appropriation . $ 126,000 

557-911 HILLEN PUMPING STATION - CONSTRUCTION 

County Fund Appropriation $ 7,110,000 

Revenue Bond Fund Appropriation . $ 3,262,000 

557-912 LEAKIN PARK PUMPING STATION - POWER UPGRADE 

County Fund Appropriation $ 49,000 

Revenue Bond Fund Appropriation . $ 1,000 

RECREATION AND PARKS 

474-192 DRUID HILL PARK MASTER PLAN IMPLEMENTATION 
State Open Space Fimd Appropriations 450,000 

474-193 CARROLL PARK IMPROVEMENTS 

State Open Space Fund Appropriations 50,000 

474-264 STREET TREE PLANTING PROGRAM 

Motor Vehicle Fund Appropriation . $ 100,000 



449 



o 



Ord. 585 



474_454 BASKETBALL/TENNIS COURT 
RESURFACING PROGRAM 

General Fund Appropriation $ 50,000 

State Open Space Fund Appropriations 200,000 

State Open Space Fund Appropriations 150,000 

474-488 GWYNNS FALLS GREENWAY 

Federal Fund Appropriation $ 1,370,000 

Motor Vehicle Fund Appropriation . $ 40,000 

State Open Space Fund Appropriations 250,000 

State Open Space Fund Appropriations 110,000 

474-496 RECREATION CENTER ROOF REPAIR PROGRAM - 
nSCAL 1996 

General Fund Appropriation $ 104,000 

5;: State Open Space Fund Appropriations 312,000 

>:' 474-497 PARK REHABIUTATION - HANLON PARK 

0^1 State Open Space Fund Appropriations 300,000 

^^ 474-498 BALTIMORE PLAYLOT PROJECT - HSGAL 1996 

O' State Open Space Fund Appropriations 500,000 

>>. 

fc: 474-499 URBAN PARKS RECREATION AND RECOVERY 

^ Federal Fund Appropriation $ 200,000 

Lu State Open Space Fund Appropriations 36,000 

? 474-505 PATTERSON PARK RENOVATION 

City Loan Fund Appropriation . . . . S 1,000,000 

474-514 NEIGHBORHOOD WADING POOLS - RENOVATION 

General Fund Appropriation $ 45,000 

State Open Space Fund Appropriations 135,000 

474-515 ROBERT C. MARSHALL •T)OMF' BASKETBALL 

State Open Space Fund Appropriations 150,000 

SEC. 3. AND BE IT FURTHER ORDAINED, That the amounts 
set forth in Section 2 above designated deappropriations and 
enclosed in parentheses shall revert to the surpluses of the 
respective funds and be available for appropriation by this or 
subsequent ordinances. 

SEC. 4. AND BE IT FURTHER ORDAINED, That (a) the City 
reasonably expects to reimburse the expenditures described in 
Subsection (b) of this Section with the proceeds of one or more 
obligations (as such term is used in Treas. Reg. Section 1.1 50-1 (b) 
to be incurred by the City (or any entity controlled by the City 

450 



Ord. 585 



within the meaning of Treas. Reg. Section 1.150-1). The City 
intends that this Section of this Ordinance of Estimates (as this 
Ordinance of Estimates may be amended from time to time) shall 
serve as a declaration of the City's reasonable intention to 
reimbiirse expenditures as required by Treas. Reg. Section 1.150-2 
and any successor regulation. 

(b) The City intends that this declaration will cover all 
reimbursement of expenditures for capital projects or programs 
approved in the capital budget contained in this Ordinance of 
Estimates to the extent that the City has appropriated in this 
Ordinance of Estimates to pay the cost thereof from one or more 
obligations to be issued by the City (or any entity controlled by the 
City within the meaning of Treas. Reg. Section 1 .1 50-1) . The term 
"obligation" (as such term is defined in Treas. Reg. Section 
1.150(b) and as used in this Section) includes general obligation 
bonds and notes, revenue bonds and notes, leases, conditional 
purchase agreements and other obligations of the City (or any 
entity controlled by the City within the meaning of Treas. Reg. 
Section 1.150-1). 

(c) The maximimi anticipated debt expected to be incurred 
by the City to reimburse the cost of each capital project or program 
in this Ordinance of Estimates is the applicable appropriation listed 
in this Ordinance of Estimates from the proceeds of one or more 
obligations, as such appropriations may be increased or decreased. 

SEC. 5. AND BE IT FURTHER ORDAINED, That no part of the 
amounts appropriated in this Ordinance of Estimates shall be made 
available to pay for costs of any capital project not specifically 
approved through this Ordinance of Estimates or without the prior 
consent of the City Council; and provided further that no part of 
the amounts appropriated in this Ordinance of Estimates shall be 
made available to any agency without the prior approval of the 
City Coimdl to pay for occupancy, by lease or otherwise, of any 
facility whose costs exceed the amoimts provided in the detail 
supporting this Ordinance of Estimates. 



451 



Ord. 585 



SEC. 6. The foregoing appropriations in summary consist of: 



Fund 



Operating 



Capital 



Total 



c:> 



General $ 803,715,600 $ 1,000,000 $ 8CW1 ,71 5,600 

802373.449 803^73.449 

Education 531322,000 531322,000 

Motor Vehicle 131,929,455 68,766,000 200,695,455 

Federal 249,009,821 36,150,000 285,159,821 

State 111,659,946 16,058,000 127,717,946 

Water Utility 66,805,037 3,075,000 69,880,037 

Waste Water UtUity 101,154,294 750,000 101,904,294 

Loan & Guarartee Enterprise 3,779,060 3,779,060 

Parking Enterprise 13,388,365 13,388365 

Special 20,559,743 80,892,000* 101,451,743 

Parking Management 7,970,682 7,970,682 

City Loan 26.500.000 26.500,000 



cc: 

O 

CC 
u.- 

> 

2 



S2,rU 1,704,102 
2.040.151.852 

*CorKisting Of: 

County $17395,000 

Revenue Bonds & Notes . $18313,000 
M&CC Real Pnopercy Account$ 1,600,000 

All Other Debt $14,620,000 

Other Fund Sources $28364,000 



$233,191,000 $2374,4fi^,lC2 
2373,342,852 



Approved by the Board of Estimates 



President 



Mayor 



Comptroller 



Director of Public Works 



City Solicitor 

BOARD OF ESTIMATES 



RESOLVED BY THE CITY COUNCIL OF BALTIMORE, That the 
agency head.s have discretion to apply the cuts in any manner 
they deem appropriate; and be it further 



452 



I 



Qrd. 586 



RESOLVED, That the Board of Estimates is requested to accept 
the recommendation to reduce the anticipated revenue estimate 
loss in the container tax from $1,300,000 to $1,142,250; and be 

it further 

RESOLVED, That the Department of Finance will make every 
effort to fund the Heritage Museum in the amount of $25,000; 
and 

RESOLVED, That in the event that the actual revenue received 
from the container tax exceeds the revised revenue projections 
those funds in excess of anticipated revenue shall be restored to 
the agencies affected by the program reductions contained in 
these amendments. 

Approved June 27, 1995 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 586 

(Council Bill No. 852) 

AN ORDINANCE concerning 

CRIMINAL STREET GANGS 

FOR the purpose of prohibiting participation in the criminal 
conduct of a criminal street gang; defining certain terms; 
and providing penalties. 

BY adding 

Article 19 - Police Ordinances 

To come under a new subtide "Criminal Street Gangs" 
Sections 239 - 240 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 



453 



Ord. 586 



Qty Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended, to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

CRIMINAL STREET GANGS 

239. DEFINrnONS. 

(A) "CRIMINAL STREET GANG" MEANS ANY ONGOING 
ORGANIZATION, ASSOCL\TION, OR GROUP OF 3 OR MORE 
PERSONS, WHETHER FORMAL OR INFORMAL, HAVING AS 
ONE OF ITS PRIMARY ACnVITIES THE COMMISSION OF 
CJ ONE OR MORE OF THE CRIMINAL ACTS ENUMERATED IN 

gj SECTION 239CB), HAVING A COMMON NAME OR COMMON 

-•I IDENTIFYING SIGN OR SYMBOL, AND COMPRISED OF 

CC: MEMBERS WHO INDIVIDUALLY OR COLLECTIVELY ENGAGE 

2: IN OR HAVE ENGAGED IN A PATTERN OF CRIMINAL GANG 

^' ACTIVITY. 

O 

>- (B) "PATTERN OF CRIMINAL GANG ACnVITY' MEANS 

^ THE COMMISSION OR ATTEMPTED COMMISSION OF, OR 

t SOUCITATION FOR, 2 OR MORE OF THE FOLLOWING 

^ OFFENSES WITHIN A PERIOD OF 3 YEARS, PROVIDED THAT 

5 THE MORE RECENT COMMISSION OR SOUCITATION 

- OCCURRED AFTER THE EFFECTIVE: DATE OF THIS 

SECTION: 

(1) ASSAULT WITH INTENT TO MURDER, RAVISH 
OR ROB 

(2) ROBBERY 

(3) MURDER OR MANSLAUGHTER 

(4) THE SALE, POSSESSION FOR SALE, 
TRANSPORTATION, MANUFACTURE, OFFER 

FOR SALE OR OFFER TO MANUFACTURE 
CONTROLLED DANGEROUS SUBSTANCES 

(5) UNLAWFUL WEARING, CARRYING OR 
TRANSPORTING A HANDGUN 

(6) ARSON. 



454 



Old. 587 



240. PROHIBmONS. 

IT IS UNLAWFUL FOR ANY PERSON TO PARTICIPATE 
ACTIVELY IN ANY CRIMINAL STREET GANG WITH 
KNOWLEDGE THAT ITS MEMBERS ENGAGE IN OR HAVE 
ENGAGED IN A PATTERN OF CRIMINAL GANG ACnVITY, 
AND TO WILLFULLY PROMOTE, FURTHER, OR ASSIST IN 
ANY FELONIOUS CRIMINAL CONDUCT BY MEMBERS OF 
THAT GANG. ANY PERSON WHO VIOLATES THE 
PROVISIONS OF THIS SECTION IS GUILTY OF A 
MISDEMEANOR AND, UPON CONVICTION THEREOF, IS 
SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR 
IMPRISONMENT IN JAIL FOR NOT MORE THAN 1 YEAR, OR 
TO BOTH FINE AND IMPRISONMENT, IN THE DISCRETION 
OF THE COURT. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 587 

(Council BUI No. 973) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND CAPITAL 

APPROPRIATION - DEPARTMENT OF PUBLIC WORKS - 

$1,000,000 

FOR the purpose of providing a supplementary Motor Vehicle 
Fund Capital appropriation in the amount of $1,000,000 
to the Department of Public Works (Account #9950-509- 
444) for acquiring rights-of-way for the Caroline Street 
project. 

BY authority of 

455 



Ord. 587 



Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
revenue from the Maryland Transportation Authority (refund) 
in excess of the amount from this source estimated and relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1995 fiscal year, and 
said money is therefore available for appropriation to the 
Department of Public Works (Account #9950-509-444) 
pursuant to the provisions of Article VI, Section 2(h) ((3) of 
the Baltimore Qty Qiarter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty 
q:: at the time of the formulation of the current Ordinance of 

2: Estimates in accordance with Article VI, Section 2(h) (3) of 

' said Charter; and 

O 



JO 



WHEREAS, This supplementary Motor Vehicle Fund 
Capital appropriation has been recommended to the Qty 
q£ Council by the Board of Estimates at a regular meeting of the 

Board held on the 19th day of Ckztober, 1994, all in 
accordance with Article VI, Section 2(h) (3) of the Baltimore 
City Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of 
Article VI, Section 2(h)(3) of the 1964 revision of the Charter 
of Baltimore Qty, the sum of $1,000,000 shall be made 
available to the Department of PubHc Works (Account #9950- 
509-444) as a supplementary Motor Vehicle Fund Capital 
appropriation for the fiscal year ending June 30, 1995 to 
acquire rights-of-way for the Caroline Street project which 
could not reasonably be anticipated at the time of formulation 
of the proposed Fiscal 1995 Ordinance of Estimates. The 
amount thus made available as a supplementary Motor 
Vehicle Fund Capital appropriation shall be provided from 
revenue from the Maryland Transportation Authority (refund) 
in excess of the amount from this source which was estimated 
or relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 



456 



i 



Ord. 588 



year; and said funds from said proceeds from the Maryland 
Transportation Authority (refund) shall be the source of 
revenue for this supplementary Motor Vehicle Fund Capital 
appropriation as required by Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

Approved Jime 29, 1995 

KURT L. SCHMOKE, Mayor 



ENROLUEDCOPY 

CITY OF BALTIMORE 
ORDINANCE NO. 588 

(Council Bill No. 1036) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of an open off-street parking 
area on the properties known as 917-925 N. Charles Street 
and 920-922 Lovegrove Alley, as outlined in red on the 
site plan dated 9-23-91 accompanying this ordinance, 
subject to certain conditions. 

BY authority of 

Article 30 - Zoning 
Section(s) 9.0-3d and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted 
for the establishment, maintenance and operation of an open 
off-street parking area on the properties known as 917-925 N. 
Charles Street and 920-922 Lovegrove Alley as outlined in red 
on the site plan dated 9-23-91 accompanying this ordinance, 
imder the provisions of Section(s) 9.0-3d and 11.0-6d of 



457 



<:. 



a: of Public Works; and 

u. 



CO 

> 

5 



Ord. 588 



Article 30 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended), title "Zoning", subject to the following 
conditions: 

(1) that the Gcroening of th e prop e rty'' will consist of 

a 6 foot black clad aluminum picket f e nc e with low 
shrubb e r>^ along tho insid e of th e fonco; and 

(2) that th e fenc e will continu e along Charles Str ee t 
and wrap around th e north prop e rty^ lino to moot 
th e Mar\dand Qub Building. ; and 

4^ CD that any portion of the sidewalk along that 
portion of the subject property adjacent to Lovegrove Alley 
shall be restored in accordance with the streets maps and 
rights of way contained in the land records of the Department 



£4J: C2) that screening shall be installed on the subject 
O property along Lovegroye Alley, and it shall be of type, 

design, and placement as approved by the Director of the 
Planning Department; and 



45^ (3) that buildings may be constructed above the 
parking lot on the subject property without further 
amendments to this Ordinance, but the construction of the 
building shall be subject to the Zoning Ordinance and Urban 
Renewal laws of the Mayor and City Council of Baltimore 
along with the rules and regulations of the Commission for 
Historical and Architectural Preservation that apply to the 
construction of such buildings; and 

£^ (4) that the screening along North Charles Street 
shall consist of a masonry knee wall, pillars, and metal picket 
fencing, hedges, and trees as shov^^ on the drawings which 
drawings by this reference are hereby incorporated into this 
Ordinance and made a part hereby as if fully set out herein. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the Qty Council shall sign 



458 



Ord. 588 



the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Commimity Development, the Supervisor of Assessments 
for Baltimore Qty, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That on or 
before September 1, 1995, Northmark Corporation shall notify 
the Director of the Planning Department and the 
Commissioner of the Department of Housing and Community 
Development whether the subject property will be developed 
by Maryland Gub, Inc. or Northmark Corporation. 

SEC. 4. AND BE IT FURTHER ORDAINED, That except as 
provided for under the provisions of Section 5 of this 
Ordinance, this Ordinance shall remain in effect for a period 
of 3 years after the effective date and, at the end of that 3 
year period, with no further action required by the Mayor and 
Gty Council of Baltimore, this Ordinance shall be abrogated 
and of no further force and effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That for reasons 
stated and set out in the staff report by the staff of the 
Planning Department regarding the development of the 
properties described in this Ordinance which report by this 
reference is fully incorporated into this Ordinance, and during 
the 3 year period provided for under the provisions of Section 
4 of this Ordinance, if the Maryland Club, Inc. shall acquire 
the properties described in this Ordinance by sale and 
execution of a fee simple deed, or assignment through the 
creation of a leasehold interest with reversion (ground rent 
assignment), or lease by means of a long term lease for a 
period of not less than 25 years from the date of the notice 
required under the provisions of Section 3, then this 
Ordinance shall remain in full force and effect for a period of 
25 years from the date of the transfer or lease provided for 
imder this Section and, at the end of that 25 year period, with 
no further action required by the Mayor and Gty Council of 
Baltimore, this Ordinance shall be abrogated and of no 
further force and effect. 



459 



Old. 589 



SEC. 6. AND BE IT FURTHER ORDAINED, That in the 
event that no transfer or lease takes place under the 
provisions of Section 5 of this Ordinance, and Northmark 
Corporation develops the properties; the following additional 
conditions shall apply: 

CD that landscaping must be installed, and the fencing 
constructed, by November 1, 1995. This screening 
shall consist of a metal picket fence and hedging, 
located along the North Charles Street side of the 
property. 

SEC. a 7. AND BE IT FURTHER ORDAINED, That this 
CJ ordinance shaQ take effect on the 30th day after the date of 

*;; Its enactment. 

•^1 






Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



O 

>. CITY OF BALTIMORE 

Cc ORDINANCE NO. 589 

5 (Council Bill No. 1058) 

AN ORDINANCE concerning 

PEDESTRIAN TRAFFIC SAFETY 

FOR the purpose of requiring the Bureau of Transportation to 
identify intersections used by persons who need extra time 
to cross the street, conduct pedestrian traffic studies at 
those intersections, and adjust the timing of traffic signals 
to accommodate the need for extra time. 

BY adding 

Article 31 - Transit and Traffic 
Subtitle - Pedestrians 
Section 69A 

Baltimore City Code (1983 Replacement Volume, as 
amended) 



460 



Old. 590 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended, to read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Pedestrians 

69A. PEDESTRIAN TRAFFIC SAFETY. 

THE BUREAU OF TRANSPORTATION SHALL: 

(A) IDENTIFY INTERSECTIONS COMMONLY USED BY 
PERSONS SUCH AS THE ELDERLY OR DISABLED WHO MAY 
NEED EXTRA TIME TO CROSS AN INTERSECTION; 

(B) CONDUCT STUDIES OF THOSE INTERSECTIONS, 
USING PEDESTRL^iN ACCIDENT STATISTICS, DIRECT 
OBSERVATION, OR OTHER SOURCES OF INFORMATION, 
TO DETERMINE THE NEED FOR EXTRA TIME FOR 
PEDESTRL^N CROSSING AND THE LENGTH OF TIME 
NEEDED; AND 

(Q WHEREVER FEASIBLE, RESET THE TIMING OF 
TRAFFIC SIGNALS OR MAKE OTHER ADJUSTMENTS TO 
THE INTERSECTION TO ACCOMMODATE THE NEED FOR 
EXTRA TIME FOR PEDESTIUAN CROSSING. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 590 
(Council Bill No. 1090) 



461 



Ord. 590 

AN ORDINANCE concerning 

REZONING - HILLSDALE HEIGHTS 

FOR the purpose of changing the zoning for the properties 
known as 4701-4717, 4801-4817, 4903-4909, and 5007 
West Forest Park Avenue; 2701 2711, 3801 2827, and 
280^ 2826 2700-2708, 2701-2711, 2800-2826, and 2801- 
2827 Hillsdale Road; 2800 2826 2800-2818 and 2804- 
3803 2801-2825 Mohawk Avenue; and 4700-4724 Norfolk 
Avenue ji 2813 Gwynnview Road: and Block No. 8393G, 
lots 1, 2F, 3, 5, 19A, an area collectively known as 
Hillsdale Heights, from the R-3 Zoning District to the R-1 

C:> Zoning District. 

2-: 

•^1 BY amending Zoning District Maps 

O^* Sheet No. 31 

2: Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as 
amended) 



Sf 



!r: SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 

^ COUNCIL OF BALTIMORE, That Sheet No. 31 of the Zoning 

^ District Maps of Article 30-Zoning of the Baltimore Qty Code 

r (1983 Replacement Volume, as amended) title "Zoning" be 

I and it is hereby amended by changing from the R-3 Zoning 

District to the R-1 Zoning District the properties known as 
4701-4717, 4801-4817, 4903-4909, and 5007 West Forest 
Park Avenue; 2701 2711, 2801 2827, and 280^ 2826 2700- 
2708, 2701-2711, 2800-2826, and 2801-2827 Hillsdale Road; 
2800 2826 2800-2818 and 2801 2803 2801-2825 Mohawk 
Avenue; and 4700-4724 Norfolk Avenue ri 2813 Gwynnview 
Road; and Block No. 8393G, lots 1, 2F, 3, 5, 19A, an area 
collectively known as Hillsdale Heights, as outlined in red on 
the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 



462 



I 



Ord. 591 



copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Community Development, the Supervisor of Assessments 
for Baltimore Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 591 

(Council Bill No. 1101) 

AN ORDINANCE concerning 

REZONING - 2705-2721 W. BELVEDERE AVENUE 

FOR the purpose of changing the zoning for the property 
known as 2721 W. Belvedere Avenue from the B-3-1 
Zoning District to the R-6 Zoning District and for the 
properties known as 2705-2719 W. Belvedere Avenue from 
the 0-R-l Zoning District to the R-6 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 13 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 13 of the Zoning 
District Maps of Article 30-Zoning of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) tide "Zoning" be 
and it is hereby amended by changing from the B-3-1 Zoning 
District to the R-6 Zoning District the property known as 2721 
W. Belvedere Avenue, as outlined in red on the plat 



463 



Ord. 592 



accompanying this ordinance, and by changing from the O-R- 
1 Zoning District to the R-6 Zoning District the properties 
known as 2705-2719 W. Belvedere Avenue, as outlined in 
blue on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the Qty Council shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
CJ the Board of Municipal and Zoning Appeals, the Planning 

gj Commission, the Commissioner of the Department of Housing 

-»^| and Community Development, the Supervisor of Assessments 

OC' for Baltimore Qty and the Zoning Administrator. 

■^ SEC. 3. AND BE IT FURTHER ORDAINED, That this 

O ordinance shall take effect on the 30th day after the date of 

^ its enactment. 

Cc Approved June 29, 1995 

^ KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 592 

(Council Bill No. 1130) 

AN ORDINANCE concerning 

REZONING - 5805 AND 5901 OAKLEAF AVENUE 

FOR the purpose of changing the zoning for the properties 
known as 5805 and 5901 Oakleaf Avenue and an 
adjoining 17 foot wide parcel from the M-1-1 Zoning 
District to the B-3-1 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 11 



464 



Ord. 593 



Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Sheet No. 11 of the Zoning 
District Maps of Article 30-Zoning of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) title "Zoning" be 
and it is hereby amended by changing from the M-1-1 Zoning 
District to the B-3-1 Zoning District the properties known as 
5805 and 5901 Oakleaf Avenue and an adjoining 17-foot 
wide parcel, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Coimcil shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Conununity Development, the Supervisor of Assessments 
for Baltimore Qty and tiie Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 593 
(Council Bill No. 1131) 
AN ORDINANCE concerning 

465 



Ord. 593 



REZONING - 708 S. BOND STREET AND 

705 S. DALLAS STREET 

B-1-3 TO M-2-2 

FOR the purpose of changing the zoning for the properties 
known as 708 S. Bond Street and 705 S. Dallas Street 
from the B-1-3 Zoning District to the M-2-2 Zoning 
District. 

BY amending Zoning District Maps 

Sheet No. 57 

Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
C:> amended) 

^'\ 

Si SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 

5;* COUNCIL OF BALTIMORE, That Sheet No. 57 of the Zoning 

^ District Maps of Article 30-Zoning of the Baltimore Qty Code 

^ (1983 Replacement Volume, as amended) title "Zoning" be 

^ and it is hereby amended by changing from the B-1-3 Zoning 

^ District to the M-2-2 Zoning District the properties known as 

t 708 S. Bond Street and 705 S. Dallas Street, as outlined in 

^ red on the plat accompanying this ordinance. 

J SEC. 2. AND BE IT FURTHER ORDAINED, That upon 

Z passage of this ordinance by the Gty Council, as evidence of 

the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the Qty Council shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Community Development, the Supervisor of Assessments 
for Baltimore Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



466 



Ord. 594 



CITY OF BALTIMORE 

ORDINANCE NO. 594 

(Council Bill No. 1136) 

AN ORDINANCE concerning 

ZONING - POSTING NOTICE OF REQUESTED CHANGE 

FOR the purpose of requiring that an applicant for either 
authorization of the Qty Council for a conditional use or a 
change in zoning classification of property shall post the 
property for a certain period. 

BY adding 

Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-6c-lA 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 
Qty Code (1983 Replacement Volimie, as amended) be 
added, repealed, or amended, to read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0^ AzxKodments. 

c. Actiao by the Qty Council 

lA. THE OTY COUNCIL SHALL REQUIRE EACH 
APPLICANT FOR EITHER AUTHORIZATION OF THE CITY 
COUNOL FOR A CONDITIONAL USE OR A CHANGE IN THE 
ZONING CLASSmCATION OF PROPERTY TO POST IN A 
CONSPICUOUS PLACE ON THE PROPERTY A SIGN GIVING 
NOTICE OF THE REQUESTED AUTHORIZATION OR ZONING 



467 



CO 

QC 



Ord. 595 



CLASSIFICATION CHANGE. THE PROPERTY SHALL BE 
POSTED FOR AT LEAST 30 DAYS COMMENCING ONE WEEK 
AFTER INTRODUCTION OF THE ORDINANCE. THE 
DIRECTOR OF THE DEPARTMENT OF LEGISLATIVE 
REFERENCE SHALL SUPPLY THE SIGN REQUIRED UNDER 
THIS PARAGRAPH. SUBJECT TO THE APPROVAL OF THE 
BOARD OF ESTIMATES, THE DEPARTMENT MAY CHARGE A 
FEE FOR THE SIGN AND/OR INSTALLATION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take efiFect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



— •• 

mm- • 

-.1 

>•• 
a: 

u. ORDINANCE NO. 595 

O 



CITY OF BALTIMORE 



(Council BiU No. 1154) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 3429 BELAIR ROAD 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of an open off-street parking 
area on the property known as 3429 Belair Road, as 
outlined in red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 
Section(s) 6.2-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission is hereby granted 
for the establishment, maintenance and operation of an open 
off-street parking area on the prop>erty known as 3429 Belair 



468 



Ord. 596 



Road as outlined in red on the plats accompanying this 
ordinance, under the provisions of Section(s) 6.2-ld-3 and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volimie, as amended), tide "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Coimdl, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
Zoning Ordinance, the President of the Qty Coimdl shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Community Development, the Supervisor of Assessments 
for Baltimore Qty, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 596 

(Coundl Bill No. 1155) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 5010 BOWLEGS LANE 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of housing for the elderly with 
a maximum of 82 units on the property known as 5010 
Bo\^dey's Lane, as outlined in red on the plats 
accompanying this ordinance , subject to a certain 
condition. 



469 



o 



QC 
> 



Ord. 596 



BY authority of 

Article 30 - Zoning 
Sections 4.5-ld-6 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volmne, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is hereby 
granted for the establishment, maintenance and operation of 
housing for the elderly with a maximum of 82 units on the 
property known as 5010 Bowle/s Lane, as outlined in red on 
the plats accompanying this ordinance, imder the provisions 
of Sections 4.5-ld-6 and 11.0-6d of Article 30 of the 
Baltimore Gty Code (1983 Replacement Volume, as 
amended) tided "Zoning" , subject to the following condition: 



—.1 

>►;; Authority is granted to the Planning Commission to 

^j review and approve final design, building elevations, site 

5: plans, forest conservation plans, outdoor lighting on the site, 

u. and fencing aroimd the perimeter of the property . 

►^ SEC. 2. AND BE IT FURTHER ORDAINED, That upon 

^ passage of this ordinance by the Qty Coimcil, as evidence of 

the authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering the 
? Zoning Ordinance, the President of the Qty Council shall sign 

die pUt and when the Mayor approves the ordinance, he shall 
sign the plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the plats to the following: 
The Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Community Development, the Supervisor of Assessments 
for Ealcinkore Qty and the Zoning Administrator. 

SEC 3. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the 30th day after the date of 
its eoActment. 

Approvrd June 29, 1995 

KURT L. SCHMOKE, Mayor 



470 



Ord. 597 



CITY OF BALTIMORE 

ORDINANCE NO. 597 

(Council Bill No. 1180) 

AN ORDINANCE concerning 

FOR the purpose of granting permission and authority to 
Mercy Medical Center, Inc., to construct and maintain a 
pedestrian bridgeway above North Calvert Street. 

BY authority of 

Article Vni - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND QTY 
COUNCIL OF BALTIMORE, That permission and authority be 
and the same is hereby granted to Mercy Medical Center, Inc., 
its successors and assigns, hereinafter sometimes referred to 
as "Grantee," to construct and maintain, at its ovm cost and 
expense, a pedestrian bridge across North Calvert Street south 
of Pleasant Street linking Mercy Medical Center and the 
Mercy Parking Garage on the east side of Calvert Street, said 
aerial easement area more particularly described as follows: 

BEGINNING for the same at a point on the westerly line of 
North Calvert Street (60 feet wide) located South 03 degrees 
02 feet 00 inches East 91.00 feet from the intersection of said 
westerly line with the South side of Pleasant Street (50 feet 
wide) ; continue thence, with all bearings, distances and 
elevations referred to the Baltimore Qty Survey Control 
System, 

(1) South 03 degrees 02 feet 00 inches East 12.00 
feet on said westerly line; thence 

(2) North 86 degrees 58 feet 00 inches East 60.00 
feet over and across North Calvert Street to the 
easterly line of said street; thence 

(3) North 03 degrees 02 feet 00 inches West 12,00 
feet on said easterly line; thence 



471 



c:> 



Ord. 597 



(4) South 86 degrees 58 feet 00 inches West 60.00 
feet parallel to the second course of this 
description to the point of beginning. 

Said easement having a bottom elevation of 44.50 and a 
top elevation of 59.50 at the westerly line of North Calvert 
Street and descending a bottom elevation of 43.50 and a top 
elevation of 58.50 at the easterly line of said street. 

Containing 770 square feet in plane and a volume of 
10,800 cubic feet. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be executed 
and enjoyed within six (6) months after the grant. 

>j; SEC. 3. AND BE IT FURTHER ORDAINED, That the 

^; pedestrian bridge way shall be maintained in compliance with 

5: all applicable laws and regulations of Baltimore Qty. The 

u. maintenance of the bridgeway shall be imder the supervision 

of the Grantee and shall be at all times hereafter subject to 
the regulation and control of the Commissioner of the 

S> Department of Housing and Conmiunity Development and the 

Director of the Department of Public Works. Signage on the 
pedestrian bridgeway shall be limited to "MERCY", which is 

? part of the architectural desism of the bridge. Additional 

signage requires Planning Commission approval. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall pay to the said 
Mayor and Qty Coimcil of Baltimore, as compensation for the 
franchise or privilege hereby granted the siun of $1,215 per 
year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to 
the increase or decrease of this charge as provided in Section 
5 herein. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the Mayor 
and Qty Council of Baltimore hereby expressly reserves the 
right and power, at all times, to exercise, in the interest of the 
public, full municipal superintendence, regulation and control 
in respect to all matters connected with this grant and not 
inconsistent with the terms thereof. The franchise herein 



472 



O 



u.- 

> 



Ord. 597 



granted shall be held, exercised and enjoyed for a period of 
one year from the effective date of this ordinance, with the 
further right to the Grantee to twenty-four (24) consecutive 
one year renewals of the franchise, each such renewal to be 
for a period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise provided 
herein. Each one year renewal period shall take effect 
immediately upon the expiration of the original or renewal 
term then in force, without any action being taken on behalf 
of either the Mayor and Qty Council of Baltimore or the 
Grantee, but the total period of time during which the 
franchise shall operate, including the original term and all 
renewals thereof, shall not exceed, in the aggregate twenty- 
five years. Provided, that the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the franchise charge payable by the 
Grantee under the provisions hereof, by giving written notice 
to that effect to the Grantee at least one hundred and fifty 
(150) days prior to the expiration of the original one year 
term granted herein, or any yearly renewal term herein 
granted and then in effect; any such increase or decrease of 
said franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has occurred. 
Provided, further, that either the Mayor and Qty Coimdl of 
Baltimore, acting by and through the Director of Public 
Works, or the Grantee may terminate the franchise granted 
herein, by giving written notice to that effect to the other, at 
least ninety (90) days prior to the expiration of the original 
one year term granted herein or any one year renewal term 
herein granted and then in effect. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall maintain the 
bridgeway for which the franchise is herein granted in good 
condition throughout the full term of this grant and so long as 
said structure shall exist at the location described herein. In 
the event the said bridgeway must be readjusted, relocated, 
protected, or supported to acconmiodate a public 
improvement, the Grantee shall pay all costs in connection 
therewith. 



473 



c> 



—.1 



> 

2 



Ord. 597 



SEC. 7. AND BE IT FURTHER ORDAINED, That non- 
compliance with any of the terms or conditions of the grant 
hereby made by the said Grantee, its successors and assigns, 
at any time or times, shall, at the option of the Mayor and 
Gty Council of Baltimore, operate as a forfeiture of said 
grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and Qty 
Council of Baltimore shall operate as a waiver of any 
forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor 
of Baltimore Qty shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, the pubUc interest, welfare, 
safety, or convenience requires such revocation and, upon 
written notice to that effect from the Mayor of Baltimore 



>i: served upon the Grantee hereunder, its successors and 

^ assigns, all rights imder this ordinance shall cease and 

$: terminate. 

u. 

^ SEC. 9. AND BE IT FURTHER ORDAINED, That in the 

^ event of any revocation, forfeiture, or termination for any 

52 reason whatsoever of the rights and privileges by this 

ordinance granted, the said Grantee hereunder, its successors 
and assigns, shall, at its or their expense, remove the 
structures for which the franchise is herein granted in a 
manner satisfactory to the Commissioner, Department of 
Housing and Commimity Development, and the Director of 
Public Works of Baltimore Qty, such removal to be made 
without any compensation to the Grantee, its successors and 
assigns, and to be completed within such time as shall be 
specified in writing by the said Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall be liable for and 
shall indemnify and save harmless the Mayor and Qty Council 
of Baltimore against any and all suits, losses, costs, claims, 
damages, or expenses to which the said Mayor and Qty 
Council of Baltimore Qty shall, from time to time be 
subjected on account of, or in any way resulting from: 

(a) the presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 



474 



Ord. 598 



removal of the structure for which the franchise is 
herein granted; and 

(b) any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon 
it or them by the terms and provisions of this 
ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactnoent. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CriY OF BALTIMORE 

ORDINANCE NO. 598 

(Council Bill No. 1181) 

AN ORDINANCE concerning 

FRANCHISE - BRIDGEWAY OVER LINDEN AVENUE AND 
BALCONIES OVER W. MADISON STREET 

FOR the purpose of granting permission and authority to 
Maryland General Hospital, Inc. to maintain and operate 
an existing bridgeway above Linden Avenue and four 
balconies above W. Madison Street. 

BY authority of 

Article VIE - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, By Ordinance No. 778, approved May 4, 1970, 
Maryland General Hospital was granted a franchise to erect, 
construct, maintain and operate a 5-story superstructure or 
bridgeway above Linden Avenue, north of Madison Street, 
and four balconies above W. Madison Street at its intersection 
with N. Eutaw Street for the term of one year with the right 
to twenty-four (24) one-year renewals; and 



475 






Ord. 598 



WHEREAS, Maryland General Hospital desires to extend 
the ordinance for the maintenance and operation of said 
structures; 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That permission and authority be 
and the same is hereby granted to Maryland General Hospital, 
Inc., a Maryland corporation, its successors and assigns, 
hereinafter sometimes referred to as "Grantee," to maintain 
and operate at its own cost and expense the following 
described structures: 

(1) in and over the bed of Linden Avenue, 
approximately 66 feet wide between Madison Street and 
Armory Place, as hereinafter more particularly described: 

>;; A bridgeway or superstructure 5 stories high in, above and 

^j across Linden Avenue to connect the two sections of the 

5: parking garage erected by the Grantee on the east and west 

Jf. sides of said linden Avenue, beginning at the north building 

line of West Madison Street and extending northerly 
approximately 110 feet, which was constructed by Grantee 
CO upon the terms and conditions following: 

a; 

? That the lowest part of said structure or bridgeway shall 

? not be less than 14 feet 6 inches above the surface of Linden 

Avenue, and the superstructure or bridgeway shall be 
approximately 110 feet long and approximately 66 feet wide, 
the width of Linden Avenue at said location being 
approximately 66 feet. 

That in the construction of said bridgeway or 
superstructure there will be certain supporting columns and 
substructure foundations installed and maintained in the 
sidewalk area of the bed of Linden Avenue within the 
hereinbefore described limits. 

The center line of the said superstructure or bridgeway 
shall be located approximately 55 feet north of the north 
building line of West Madison Street; 

(2) in and over the bed of W. Madison Street at its 
intersection with N. Eutaw Street four (4) balconies in the 



476 



Ord. 598 



nature of bridgeways above said W. Madison Street to form a 
part of the section of the said parking garage building erected 
by the Grantee on the west side of Linden Avenue, which was 
constructed by the Grantee upon the terms and conditions 
following: 

That the lowest part of the first of such balconies shall not 
be less than 14 feet 6 inches above the surface of W. Madison 
Street, and each balcony shall be approximately 22 feet by 22 
feet by 30 feet. Said balconies to be located on the southwest 
comer of said section of the new parking structure. 

That construction of said bridgeway or superstructure with 
the necessary supporting colunms and substructure 
foundations over, above, and in the bed of Linden Avenue and 
said balconies over the bed of West Madison Street shall be 
installed, constructed, operated, and maintained in 
accordance with the plan and design, as shown on the 
drawing of National Garages, Inc., of Etetroit, Michigan, 
entitled "Parking Deck for Maryland General Hospital, 
Baltimore, Maryland-Basement and Ground Plan-Spiral 
Down Ramp-Foundation Plan," dated January 14, 1970 and 
numbered 6614-K69, which in all respects is hereby made a 
part of this ordinance by reference thereto even though it is 
not physically attached hereto. 

No woodwork or other combustible materials shall be used 
in the construction of said superstructure or bridgeway 
and/or balconies, and said bridgeway and/or balconies shall 
be constructed in accordance with the Building Code of 
Baltimore Qty and shall be constructed and completed imder 
the supervision and to the satisfaction of the Housing 
Commissioner and the Director of Public Worics both of 
Baltimore Qty, and shall be at all times hereafter subject to 
lawful regulation and control by said Housing Commissioner 
and Director of Public Works. 

SEC. 2. AND BE IT FURTHER ORDAINED, That so long as 
said superstructure or bridgeway remains in the bed of Linden 
Avenue, the said Grantee, its successors and assigns, shall, at 
its and their own cost and expense, adequately light, and keep 
adequately lighted, those portions of linden Avenue located 
in and under the said superstructure or bridgeway. 



477 



c:> 



Ord. 598 



SEC. 3. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be executed 
and enjoyed within six (6) months after the granL 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall pay to the said 
Mayor and Qty Council of Baltimore, as compensation for the 
franchise or privilege hereby granted the sum of $4,900 per 
year, payable in advance during the continuance of this 
franchise or privilege, or any renewal thereof; and subject to 
the increase or decrease of this charge as provided in Section 
5 herein. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the Mayor 
and Qty Council of Baltimore hereby expressly reserves the 
^ij right and power, at all times, to exercise, in the interest of the 

>;: pubHc, full municipal superintendence, regulation and control 

<x- in respect to all matters connected with this grant and not 

$:* inconsistent with the terms thereof. The franchise herein 

•^ granted shall be held, exercised and enjoyed for a period of 

. one year from the effective date of this ordinance, with the 

^ further right to the Grantee to twenty-four (24) consecutive 

^ one year renewals of the franchise, each such renewal to be 

u.. for a period of one year, upon the same terms and conditions 

? as the original one year grant, except as otherwise provided 

? herein. Each one year renewal period shall take effect 

immediately upon the expiration of the original or renewal 
term then in force, without any action being taken on behalf 
of either the Mayor and Qty Council of Baltimore or the 
Grantee, but the total period of time during which the 
franchise shall operate, including the original term and all 
renewals thereof, shall not exceed, in the aggregate twenty- 
five years. Provided, that the Mayor and Gty Council of 
Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the franchise charge payable by the 
Grantee under the provisions hereof, by giving written notice 
to that effect to the Grantee at least one hundred and fifty 
(150) days prior to the expiration of the original one year 
term granted herein, or any yearly renewal term herein 
granted and then in effect; any such increase or decrease of 
said franchise charge to be operative as to all yeariy renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has occurred. 



478 



I 



Ord. 598 



Provided, further, that either the Mayor and Qty Council of 
Baltimore, acting by and through the Director of Public 
Works, or the Grantee may terminate the franchise granted 
herein, by giving written notice to that effect to the other, at 
least ninety (90) days prior to the expiration of the original 
one year term granted herein or any one year renewal term 
herein granted and then in effect. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall maintain the 
structures for which the franchise is herein granted in good 
condition throughout the full term of this grant and so long as 
said structures shall exist at the locations described herein. 

SEC. 7. AND BE IT FURTHER ORDAINED, That non- 
compliance with any of the terms or conditions of the grant 
hereby made by the said Grantee, its successors and assigns, 
at any time or times, shall, at the option of the Mayor and 
Qty Coimdl of Baltimore, operate as a forfeiture of said 
grant, which shall thereupon be and become void, and that 
nothing other than an ordinance of the Mayor and Qty 
Council of Baltimore shall operate as a waiver of any 
forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor 
of Baltimore Qty shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, the public interest, welfare, 
safety, or convenience requires such revocation and, upon 
written notice to that effect from the Mayor of Baltimore 
served upon the Grantee hereunder, its successors and 
assigns, all rights imder this ordinance shall cease and 
terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the 
event of any revocation, forfeiture, or termination for any 
reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its successors 
and assigns, shall, at its or their expense, remove the 
structures for which the franchise is herein granted in a 
manner satisfactory to the Housing Conmiissioner, 
Department of Housing and Community Development, and 
the Director of Public Works of Baltimore Qty, such removal 



479 



c> 



Ord. 599 



to be made without any compensation to the Grantee, its 
successors and assigns, and to be completed within such time 
as shall be specified in writing by the said Director of Public 
Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said 
Grantee, its successors and assigns, shall be liable for and 
shall indemnify and save harmless the Mayor and Qty Coimcil 
of Baltimore against any and all suits, losses, costs, claims, 
damages, or expenses to which the said Mayor and Qty 
Council of Baltimore Qty shall, from time to time be 
subjected on account of, or in any way resulting from: 

(a) the presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 
removal of the structures for which the franchise is herein 



—.t 

>;: granted; and 

^: 

S: (b) any failure on the part of said Grantee, its successors 

^ and assigns, to perform, promptly and properly, any of the 

^ duties or obligations imposed upon it or them by the terms 

^ and provisions of this ordinance. 

25 SEC. 11. AND BE IT FURTHER ORDAINED, That this 

2* ordinance shall take effect on the date of its enactment. 

2 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 599 

(Council Bill No. 1189) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 7218 PARK HEIGHTS AVENUE 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of housing for the elderl y, for 



480 



\ 



Ord. 599 



no more than 64 units, on the property known as 7218 
Park Heights Avenue, as outlined in red on the plats 
accompanying this ordinance , subject to a certain 
condition . 

BY authority of 

Article 30 - Zoning 

Sections 4.0-2c, 4.5-ld-6, and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is hereby 
granted for the establishment, maintenance and operation of 
housing for the elderl y, for no more than 64 units, on the 
property known as 7218 Park Heights Avenue, as outlined in 
red on the plats accompanying this ordinance, with a building 
height in excess of 40 feet but not exceeding 45 feet, imder 
the provisions of Sections 4.0-2c, 4.5-ld-6, and 11.0-6d of 
Article 30 of the Baltimore Qty Code (1983 Replacement 
Volimie, as amended) tided "Zoning" , subject to the condition 
that the final desisni be reviewed and approved by the 
Planning Comrnission . 

SEC 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence of 
the authenticity of the plat which is a part hereof and in order 
to give Dobce to the departments whidi are administering the 
Zoning Ordinance, the President of the Qty Council shall sign 
the plat and when the Mayor approves the ordinance, he shall 
sign d>e plat The Director of Finance shall then transmit a 
copy of die ordinance and one of the plats to the following: 
The Board of Municipal and Zoning Appeals, the Planning 
Conmxiiiiocx, the Commissioner of the Department of Housing 
and Community Development, the Supervisor of Assessments 
for Baltirocre Qry and the Zoning Administrator. 

SEC X AND BE IT FURTHER ORDAINED, That this 
ordinazrc thaD take effect on the 30th day after the date of 
its 



Appiofed June 29. 1995 

KURT L. SCHMOKE, Mayor 



481 



Ord. 600 



^.1 



or 



CITY OF BALTIMORE 

ORDINANCE NO. 600 

(Council BiU No. 1194) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 2001 W. FAYETTE STREET 

FOR the purpose of authorizing the construction and 

maintenance of a handicapped ramp, stairs, awning, and 
an enclosed vestibule/areaway projecting approximately 6 
feet inches into the pubUc right-of-way on the west east 
>; side of the property known as 2001 W. Fayette Street for 



Bon Secours Hospital. 



U» BY authority 

^ Article 32 - Building Code 

K* Chapter 32 - Construction in the Public Right-of-Way 

5 Section 3202.1.1, 3203.6, 3203.12.1, 3205.3, 3205.7 

25 Baltimore Qty Building Code (1994 Edition, as amended) 

> 

? SECTION 1. BE IT ORDAINED BY THE MAYOR AND QTY 

COUNCIL OF BALTIMORE, That the construction and 
maintenance of a handicapped ramp, stairs, awning, and an 
enclosed vestibule/areaway are hereby authorized on the west 
east side of the property known as 2001 W. Fayette Street. 
The ramp shall be approximately 6 feet inches wide. The 
structure shall project into the pubUc right-of-way 
approximately 6 feet inches. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
Qty Council of Baltimore shall be compUed with in the 
construction and maintenance of this structure. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



482 



Ord. 601 



Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 601 

(Council BiU No. 1197) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, 
CONSTRUCTION AND MAINTENANCE OF BOSTON STREET 

FOR the purpose of authorizing the acquisition by purchase or 
condemnation by the Mayor and Qty Council of Baltimore 
of the fee simple interests or such otiier interests as the 
Director of the Department of PubHc Works may deem 
necessary or sufficient, in and to certain pieces or parcels 
of land situate in Baltimore Qty, for highway purposes, 
namely for the opening, widening, grading, construction 
and maintenance of Boston Street, extending from 
Aliceanna Street southeasteriy 749 feet, more or less, and 
authorizing the acquisition by piuxdiase or condemnation 
of any property, rights, interests, easements and/or 
franchises necessary for the opening, grading, construction 
and maintenance of said Boston Street; and authorizing 
the making of all necessary agreements concerning said 
Boston Street; and authorizing the construction of said 
Boston Street; the location and course being shown on 
plats thereof numbered 117-D-66, filed in the office of the 
Director of the Department of Public Works on the twelfdi 
(12th) day of January in the year 1995, prepared by the 
Survey Control Section of the Department of Public Works. 



BY authority of 

Article I - General Provisions 

Section 4 

Article n - General Powers 

Sections 2, 34 

Baltimore Qty Charter (1964 Revision, as amended) 



483 



Ord. 601 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That it is necessary to acqviire by 
purchase or condemnation for public highway purposes, 
namely, for the opening, widening, grading, construction and 
maintenance of Boston Street, extending from Aliceanna 
Street southeasterly 749 feet, more or less, the fee simple 
interests or such other interests as the Director of the 
Department of Public Works may deem necessary in and to 
the pieces or parcels of land, situate in Baltimore Gty, 
including the improvements thereon, boimded as follows: 

(1) Beginning for the same at the point formed by the 
intersection of the south side of Aliceanna Street, 70 feet 
wide, and the southwest side of Boston Street, 70 feet wide, 

^ and running thence binding on the southwest side of said 

<if Boston Street, South SI** 44' 40" East 96.21 feet to the 

>•'• beginning of the second line of the first parcel of land 

^ conveyed by Arnold Wiese and Wife to Anchorage Plaza 

S Limited Partnership by confirmatory deed dated May 16, 1994 

UL and recorded among the Land Records of Baltimore Qty in 

^ Liber S.E.B. No. 4265, Folio 446; thence binding on part of 

h* the second line of the first parcel of land described in said 

K deed, as now surveyed. South 38** 19' 56" West 12.00 feet to 

25 intersect the southwest side of Boston Street as widened on 

> the southwest side thereof from its former width of 70 feet to 

J a width of 82 feet; thence binding on the southwest side of 

last said Boston Street and on the southwest side of Boston 
Street as widened on the the southwest side thereof from its 
former width of 70 feet to a varying width, the two following 
courses and distances; namely, North 51** 44' 40" West 89.21 
feet and North 60** 32' 49" West 25.30 feet to intersect the 
south side of said Aliceanna Street and thence binding on the 
south side of said Aliceanna Street, North 86** 52' 50" East 
24.01 feet to the place of beginning. 

Containing 1276.05 square feet of land. 

All as shown on the plat numbered 117-D-66 Sheet 1 of 3. 

(2) Beginning for the same at a point on the southwest 
side of Boston Street, 70 feet wide, said point of beginning 
being distant South 51** 44' 40" East 170.29 feet measured 
along the southwest side of said Boston Street from the south 



464 



Ord. 601 



side of Aliceanna Street, 70 feet wide, said point of beginning 
being the beginning of the first parcel of land conveyed by 
Anchorage Plaza-Sonat Joint Venture to Anchorage Plaza 
Limited Partnership by deed dated May 3, 1988 and recorded 
among the Land Records of Baltimore Qty in Liber S.E.B. No. 
1703, Folio 50, and nmning thence binding on the southwest 
side of said Boston Street, South 51* 44' 40" East 368.43 feet 
to the beginning of the second line of the first parcel of land 
conveyed by the Volimteers of America, Inc. to Anchorage 
Plaza Limited Partnership by deed dated May 3, 1988 and 
recorded among the Land Records of Baltimore Qty in Liber 
S.E.B. No. 1703, Folio 54; thence binding on part of the 
second line of the first parcel of land described in last said 
deed, as now surveyed. South 38** 29^ 44" West 12.00 feet to 
intersect the southwest side of Boston Street, as widened from 
its former width of 70 feet to a width of 82 feet; dience 
binding on the southwest side of last said Boston Street, 
North 51* 44' 40" West 368.36 feet to intersect the last line of 
the first parcel of land described in the deed, mentioned 
firstly herein, and thence binding on the part of the last line 
of the first parcel of land described in the deed, mentioned 
firstly herein, to the end thereof, as now stuveyed. North 38* 
10' 20" East 12.00 feet to the place of beginning. 

Containing 4420.75 square feet or 0.1015 acre of land, 
more or less. 

All as shown on the plat numbered 117-D-66 Sheet 2 of 3. 

(3) Beginning for the same at a point on the southwest 
side of Boston Street, 70 feet wide, said point of beginning 
being xiistant South 51* 44' 40" East 538.72 feet measured 
along the southwest side of said Boston Street from the south 
side of Aliceanna Street, 70 feet wide, and running thence 
binding on the southwest side of said Boston Street, South 
51* 44' 40" East 210.00 feet to the beginning of the second 
line of the parcel of land conveyed by J. Paul Bright, Jr. and 
Equitable Bank, National Association to Boston Associates by 
deed dated October 21, 1985 and recorded among the Land 
Records of Baltimore Qty in Liber S.KB. No. 746, Folio 416; 
thence binding on part of the second line of said deed. South 
38* 15' 20" West 12.00 feet to the southwest side of Boston 
Street, as widened on the southwest side thereof from its 



485 



Ord. 601 

former width of 70 feet to a width of 82 feet; thence binding 
on the southwest side of last said Boston Street, North 51** 44' 
40" West 210.05 feet to mtersect the fourth line of said deed 
and thence binding on part of the fourth line of said deed, to 
the end thereof, North 38° 29' 44" East 12.00 feet to the place 
of beginning. 

Containing 2520.30 square feet of land. 

All as shown on the plat numbered 117-D-66 Sheet 3 of 3. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 

Survey Control System. 

\t it 

^ Including all property, rights, interests, easements and/or 

>" franchises necessary for the opening, widening, grading, 

^; construction and maintenance of said Boston Street, the 

5: location and course of said Boston Street being shown on 

u. plats thereof numbered 117-D-66, filed in the office of the 

Director of the Department of Public Works on the twelfth 

H- (12th) day of January in the year 1995, prepared by the 

i/i Survey Control Section of the Department of Public Works, 

cc 

> Any mention or reference to any streets, roads, avenues, 

? highway or alleys in this Ordinance or on the plats referred to 

** herein are for the purpose of description only, and shall not 

be held or taken to be any evidence whatever that said 
streets, roads, avenues, highways, alleys or any of them, are 
public, dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Director of the Department of Public Works or the person or 
persons the Board of Estimates of Baltimore Qty may 
hereafter from time to time designate, is or are hereby 
authorized to acquire on behalf of the Mayor and Qty Council 
of Baltimore, and for the purposes described in this 
Ordinance, the fee simple interests or such other interests as 
the said Director may deem necessary or sufficient, in and to 
said pieces or parcels of land and improvements thereupon, 
including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, 
construction and maintenance of said Boston Street. If the 



486 



Ord. 601 



said Director of the Department of Public Works, or person or 
persons the Board of Estimates of Baltimore Qty may 
designate are unable to agree with the owner or owners on 
the purchase price of any of the said pieces or parcels of land 
and improvements thereupon or for any of the said 
properties, rights, interests, easements and/or franchises, they 
shall forthwith notify the Qty SoUdtor of Baltimore Qty who 
shall thereupon institute in the name of the Mayor and Qty 
Council of Baltimore the necessary legal proceedings to 
acquire by condemnation the fee simple interests or such 
other rights, interests, easements and/or franchises as the said 
Director may deem necessary or sufficient for the purposes of 
said Boston Street. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
proceedings for the acquisition by condemnation of the 
property and rights herein described and the rights of all 
parties interested or affected thereby shall be regulated by 
and be in accordance with the provisions of The Real Property 
Article of the Annotated Code of Maryland (1974), Title 12, 
Section 101 Et Seq. and any and all amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Director of the Department of Public Works or person or 
persons the Board of Estimates of Baltimore Qty may 
designate are also hereby authorized to negotiate for and to 
enter into in the name of the Mayor and Qty Coimcil of 
Baltimore, any and all necessary agreements with the federal 
and state governments, or any of their agencies, and any 
other persons, firms or corporations, in aid of, in furtherance 
of, or in connection with said Boston Street; all such 
acquisitions and agreements to be subject to the approval of 
the Board of Estimates. 

SEC. 5. AND BE IT FURTHER ORDAINED, That after the 
necessary agreements have been made and the necessary 
properties, lands, rights, easements and/or franchises have 
been acquired as hereinbefore provided, the Director of the 
Department of Public Works of Baltimore Qty is hereby 
authorized and directed to construct or cause to be 
constructed the said Boston Street, all in accordance with 
detailed plans hereafter to be prepared therefor and after said 



487 



o 



QC 
> 



Ord. 602 



plans have been approved by said Director of the Department 
of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINfED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 602 



§ (Council Bill No. 1198) 

>:: AN ORDINANCE concerning 

Sf 911 SYSTEM ADDITIONAL CHARGE 



FOR the purpose of extending the 911 system additional 
charge to wireless telephone service or other 911- 
CO accessible service. 



BY repealing and reordaining with amendments 
Article 28 - Taxes 
Subtitle - 911 Telephone Fee 
Section 75 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 
Gty Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended, to read as follows: 

ARTICLE 28 - TAXES 

911 Telephone Fee 

75. 911 Emergency Telephone System additional charge. 



488 



I 



Ord. 603 



There is hereby levied and imposed under the provisions 
of and in compliance with Article 41, Section 18-1 05(c) of the 
Annotated Code of Maryland ([1986] 1994 Repl. Vol.), an 
additional charge of 47 cents per month to be appUed to all 
current bills rendered for switched local exchange access 
service, WIRELESS TELEPHONE SERVICE, OR OTHER 911- 
ACCESSIBLE SERVICE within Baltimore Qty. This charge 
shall be in addition to the 911 fee imposed by Section 18- 
105(b) of the said article and code and it shall be applied to 
all current bills rendered for switched local exchange access 
sendee, WIRELESS TELEPHONE SERVICE, OR OTHER 911- 
ACCESSBLE SERVICE within Baltimore Qty after January 1, 
[1991] 1996. The amoimt of this levy may not exceed a level 
necessary to cover the total amovmt of the eligible 911 system 
operating and maintenance costs of the Qty. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on January 1, 1996. 

Approved Jime 29, 1995 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

QTY OF BALTIMORE 

ORDINANCE NO. 603 

(Council Bill No. 1203) 

AN ORDINANCE concerning 

URBAN RENEWAL - REISTERSTOWN PLAZA TRANSIT 
STATION - AMENDMENT NO. 3 

FOR the purpose of amending the Urban Renewal Plan for 
Reisterstown Plaza Transit Station to prohibit bailbonding 
activities, check cashing establishments, and restaurants^ 
aad lunch rooms , and taverns that have live entertaiimient 
and dandng in community commercial areas on the Land 
Use Plan Map in the area; waive such requirements, if any, 
as to content or procedure for the preparation, adoption. 



489 






or: 



> 

5 



Ord. 603 



and approval of renewal plans as set forth in Article 13 of 
the Baltimore Qty Code which the amended Plan may not 
meet; pnDvide for the severability of the various parts and 
provisions of this ordinance; provide that where the 
provisions of this ordinance shall conflict with any other 
ordinance in force in the Qty of Baltimore, the provision 
which establishes the higher standard shall prevail; and 
provide for an efifective date hereof. 

WHEREAS, The Urban Renewal Plan for Reisterstown 
Plaza Transit Station was originally approved by the Mayor 
and Qty Council of Baltimore by Ordinance No. 392, 
approved July 2, 1981, and last amended by Ordinance No. 
523, approved May 1, 1995; and 

WHEREAS, It is necessary to amend the Urban Renewal 
Plan for Reisterstown Plaza Transit Station in order to 
prohibit restaurants and lunch rooms that have live 
entertainment and dancing in commimity commercial areas 
on the Land Use Plan Map in the area; and 



^ WHEREAS, Pursuant to Article 13 of the Baltimore Qty 

JO Code (1983 Replacement Voltmie, as amended), no 

substantial change or changes shall be made in any renewal 
plan, after approval by ordinance, without such change or 
changes first being adopted and approved in the same manner 
as set forth in said Article 13 for the approval of a renewal 
plan; and 

WHEREAS, In accordance with the provisions of Section 
25(h) of said Article 13, when a Coundlmember initiates an 
amendment to an existing renewal plan, such bill shall be sent 
to the Department of Housing and Community Development 
and to the Planning Commission for recommendation and 
report; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the amended Urban Renewal 
Plan for Reisterstown Plaza Transit Station, identified as 
TJrban Renewal Plan, Reisterstown Plaza Transit Station 
Urban Renewal Area, revised to include Amendment No. 3, 
dated May 8, 1995", having been duly reviewed and 
considered, is hereby approved and the Qerk of the Qty 



490 



Ord. 603 



Council is hereby directed to file a copy of said amended 
Urban Renewal Plan with the Department of Legislative 
Reference as a permanent pubUc record and to make the 
same available for pubHc inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
following changes in the plan are hereby approved: 

On page 7, Section B.l Ji. of the Urban Renewal 
Plan, entitled "Coromunity Commerdal" be amended 
as follows: 

h. Commimity Conmierdal 

In areas designated Commimity Conmierdal on the 
Land Use Plan Map only those uses allowed in the B-3 
category of the Zoning Ordinance of Baltimore Qty 
shall be permitted; except that the following uses shall 
not be permitted: amusement establishments; auction 
rooms; BAILBONDING ACnVITIES; blood donor 
centers; CHECK CASHING ESTABLISHMENTS: massage 
salons; model slot car radng centers; palmists; pawn 
shops; RESTAURANTS AND^ LUNCH ROOMS , AND 
TAVERNS THAT HAVE LIVE ENTERTAINMENT AND 
DANCING; second hand stores and rummage shops; 
stables for horses.". 

SEC. 3. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban Renewal 
Plan approved hereby for Rdsterstown Plaza Transit Station 
may not meet the requirements as to the content of a renewal 
plan or the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Artide 13 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended), the said requirements are hereby waived and the 
amended Urban Renewal Plan approved hereby is exempted 
therefroHL 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the 
event it be judidally determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 



491 



Ord. 604 



application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and 
Qty GDuncil hereby declaring that they would have ordained 
the remaining provisions of this ordinance without the word, 
phrase, clause, sentence, paragraph, section or part, or the 
appUcation thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in any 
case where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are foimd to be in 
355 irreconcilable conflict, the provision which establishes the 

•^j higher standard for the promotion of the pubUc health and 

>^' safety shall prevail. In any case where a provision of this 

^ ordinance is foimd to be in conflict with an existing provision 

IS of any other ordinance or code or regulation in force in the 

UL. Qty of Baltimore which establishes a lower standard for the 

^ promotion and protection of the public health and safety, the 

K> provision of this ordinance shall prevail, and the other 

c/D existing provision of such other ordinance or code or 

5 regulation is hereby repealed to the extent that it may be 

> found in conflict with this ordinance. 

" SEC. 6. AND BE IT FURTHER ORDAINED, That this 

ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 604 

(Council BUI No. 1205) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING 
APPROPIUATION - POUCE DEPARTMENT - 



492 



Ord. 604 



(PROGRAM 302 201 - NEIGHBORHOOD PATROL) - 
$1,500,000 

FOR the purpose of providing a supplementary General Fund 
Operating appropriation in the amoimt of $1,500,000 to 
the Police Department for additional operating 
appropriation for Program 202 201 - Neighborhood Patrol. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from Investment Earnings in excess of the amount 
from this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1995 fiscal year, and said money is therefore 
available for appropriation to the Police Department pursuant 
to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore Qty Qiarter (1964 Revision, as amended); and 

WHEREAS, The additional simi here appropriated is from 
sources vAnch could not be expected with reasonable certainty 
at die time of the formulation of the ciurent Ordinance of 
Estimates in accordance with Article VI, Section 2(h)(3) of 
said Charter and 

WHEREAS, This supplementary (Jeneral Fund Operating 
appropriation has been reconmiended to the Qty Council by 
the Boaxd of Estimates at a regular meeting of die Board held 
on the lOtb day of May, 1995, all in accordance with Article 
VI, Scctioo 2(h)(3) of the Baltimore Qty Charter (1964 
Revisioa, as amended). 

SECTION I. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That under the provisions of 
Artick VI Section 2(h)(3) of the 1964 revision of the Charter 
of Baltimorr Qty. the sum of $1,500,000 shall be made 
available lo the Pobce Department as a supplementary 
Cjeneral FtMid Operating ^propriation for the fiscal year 
ending Jxtat 30. 1995 for additional operating expenses for 
Program d03 201 - Neighborhood Patrol which could not 



493 



Ord. 605 



reasonably be anticipated at the time of formulation of the 
proposed Fiscal 1995 Ordinance of Estimates. The amoimt 
thus made available as a supplementary General Fund 
Operating appropriation shall be provided from the 
Investment Earnings in excess of the amoimt from this source 
which was estimated or rehed upon by the Board of Estimates 
in determining the tax levy required to balance the budget for 
the 1995 fiscal year; and said funds from said Proceeds from 
the Investment Earnings shall be the source of revenue for 
this supplementary General Fund Operating appropriation as 
required by Article VI, Section 2(h) (3) of the Baltimore Qty 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
2^ ordinance shall take effect on the date of its enactment. 

>•: Approved Jime 29, 1995 

^ KURT L. SCHMOKE, Mayor 

s; 



O 



UJ 

> 



CITY OF BALTIMORE 



CO ORDINANCE NO. 605 

QC 



(Council Bill No. 1206) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING 
APPROPRL\TION - POUCE DEPARTMENT - (PROGRAM 204 
SERVICES BUREAU) - $900,000 

FOR the purpose of providing a supplementary General Fimd 
Operating appropriation in the amount of $900,000 to the 
Police Department for additional operating appropriation 
for Program 204 - Services Bureau. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 



494 



Ord. 605 



WHEREAS, The money appropriated herein represents 
funding from Investment Earnings in excess of the amoimt 
from this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1995 fiscal year, and said money is therefore 
available for appropriation to the Police Department pursuant 
to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional simi here appropriated is from 
sources which could not be expected with reasonable certainty 
at the time of the formulation of the current Ordinance of 
Estimates in accordance with Article VI, Section 2(h)(3) of 
said Charter; and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the Qty Council by 
the Board of Estimates at a regular meeting of the Board held 
on the 10th day of May, 1995, all in accordance with Article 
VI, Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That imder the provisions of 
Article VI, Section 2(h)(3) of the 1964 revision of the Charter 
of Baltimore Qty, the simi of $900,000 shall be made 
available to the Police Department as a supplementary 
(jeneral Fund Operating appropriation for the fiscal year 
ending Jime 30, 1995 for additional funding for Program 
204 - Services Bureau which could not reasonably be 
anticipated at the time of formulation of the proposed Fiscal 
1995 Ordinance of Estimates. The amoimt thus made 
available as a supplementary General Fimd Operating 
appropriation shall be provided from the Investment Earnings 
in excess of the amoimt from this source which was estimated 
or relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said Proceeds fix>m the Investment 
Earnings shall be the source of revenue for this supplementary 
General Fund Operating appropriation as required by Article 
VI, Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 



495 



a: 



> 



Ord. 606 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 606 

(Council Bill No. 1207) 

AN ORDINANCE concerning 

«=^' SUPPLEMENTARY GENERAL FUND OPERATING 

>•': APPROPRIATION - POUCE DEPARTMENT - (PROGRAM 205 



NON-ACTUAL RETIREMENT) - $400,000 



^ FOR the purpose of providing a supplementary General Fund 

^__ Operating appropriation in the amount of $400,000 to the 

K- Police Department for additional operating appropriation 

CO for Program 205 - Non-Actual Retirement, 

cc 

BY audiority of 

Arbde VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from Investment Earnings in excess of the amount 
from this lource estimated and relied upon by the Board of 
Estimates In determining the tax levy required to balance the 
budget for the 1995 fiscal year, and said money is therefore 
available for appropriation to the PoHce Department pursuant 
to the provisions of Article VI, Section 2(h) (3) of the 
BaltxrooTP Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional simi here appropriated is from 
to u roe t which could not be expected with reasonable certainty 
at the time of the formulation of the current Ordinance of 
Estimates In accordance with Article VI, Section 2(h)(3) of 
said Charter, and 



496 



Ord. 607 



WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the Qty Coimdl by 
the Board of Estimates at a regular meeting of the Board held 
on the 10th day of May, 1995, all in accordance with Article 
VI, Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SECTION 1. BE rr ORDAINED BY THE MAYOR AND QTY 
COUNCIL OF BALTIMORE, That under the provisions of 
Article VI, Section 2(h)(3) of the 1964 revision of the Charter 
of Baltimore Qty, the simi of $400,000 shall be made 
available to the Police Department as a supplementary 
(jeneral Fimd Operating appropriation for the fiscal year 
ending Jime 30, 1995 for additional funding for Program 
205 - Non-Actual Retirement which could not reasonably be 
anticipated at the time of formulation of the proposed Fiscal 
1995 Ordinance of Estimates. The amount thus made 
available as a supplementary General Fimd Operating 
appropriation shall be provided from the Investment Earnings 
in excess of the amount from this source which was estimated 
or relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1995 fiscal 
year; and said funds from said Proceeds from the Investment 
Earnings shall be the source of revenue for this supplementary 
(Jeneral Fimd Operating appropriation as required by Article 
VI, Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 607 
(Council Bill No. 1208) 
AN ORDINANCE concerning 

497 



o 



QC 

UJ 



Ord. 607 



SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRL\TION - 

DEPARTMENT OF PUBUG WORKS - 

(PROGRAM 515 - SOLID WASTE DISPOSAL) - 

$1.300>000 $1,518,628 

FOR the purpose of providing a supplementaiy General Fund 
Operating appropriation in the amount of $1>300|000 
$1,518,628 to the Department of Public Works for 
additional operating appropriation for Program 515 - Solid 
Waste Disposal. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 



—.1 

^ WHEREAS, The money appropriated herein represents 

5: funding from Revenue - Northeast Maryland Solid Waste 

•^ Authority in excess of the amount from this source estimated 

^ and relied upon by the Board of Estimates in determining the 

►- tax levy required to balance the budget for the 1995 fiscal 

^ year, and said money is therefore available for appropriation 

to the Department of Public Works pursuant to die provisions 
of Article VI, Section 2(h)(3) of the Baltimore Qty Charter 
? (1964 Revision, as amended); and 

WHEREAS, The additional simi here appropriated is from 
sources which could not be expected with reasonable certainty 
at the time of the formulation of the current Ordinance of 
Estimates in accordance with Article VI, Section 2(h) (3) of 
said Charter; and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been reconmiended to the Qty Council by 
the Board of Estimates at a regular meeting of the Board held 
on the 10th day of May, 1995, all in accordance with Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND QTY 
COUNCIL OF BALTIMORE, That under the provisions of 
Article VI, Section 2(h) (3) of the 1964 revision of the Charter 



498 



Ord. 608 



of Baltimore Qty, the sum of $1»300,0Q0 $1.518,628 shall be 
made available to the Department of Public Works as a 
supplementary General Fund Operating appropriation for the 
fiscal year ending June 30, 1995 for additional funding for 
Program 515 - Solid Waste Disposal which could not 
reasonably be anticipated at the time of formulation of the 
proposed Fiscal 1995 Ordinance of Estimates. The amoimt 
thus made available as a supplementary General Fimd 
Operating appropriation shall be provided from the Revenue - 
Northeast Maryland Solid Waste Authority in excess of the 
amoimt from this source which was estimated or relied upon 
by the Board of Estimates in determining the tax levy required 
to balance the budget for the 1995 fiscal year; and said funds 
from said Proceeds from the Revenue - Northeast Maryland 
Solid Waste Authority shall be the source of revenue for this 
supplementary General Fund Operating ^propriation as 
required by Article VI, Section 2(h)(3) of the Baltimore Qty 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 608 

(Council Bill No. 1228) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOME FOR HOMELESS PERSONS - 1107 MOSHER STREET 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a home for homeless 
persons on the property known as 1107 Mosher Street, as 
outlined in red on the plats accompanying this ordinance^ 
subject to a certain condition . 



499 



Ord. 609 



BY authority of 

Article 30 - Zoning 
Sections 4.8-ld-2 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is hereby 
granted for the establishment, maintenance and operation of 
a home for homeless persons on the property known as 1107 
Mosher Street, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 4.8-ld-2 and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 

^ Replacement Volume, as amended) titled "Zoning" , subject to 

2!! the following condition: 

>•' The number of residents is restricted to 6 and their 

<!• children and 1 resident manager . 

5^ 

^ SEC. 2. AND BE IT FURTHER ORDAINED, That upon 

^ passage of this ordinance by the Qty Coimdl, as evidence of 

K- the authenticity of the plat which is a part hereof and in order 

CO to give notice to the departments whidi are administering the 

uj Zoning Ordinance, the President of the Qty Council shall sign 

? the plat and when the Mayor approves the ordinance, he shall 

? sign the plat. The Director of Finance shall then transmit a 

copy of the ordinance and one of the plats to the following: 
The Board of Mimidpal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of Housing 
and Conmiunity Development, the Supervisor of Assessments 
for Baltimore Qty and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 609 



500 



I 



Ord.609 



(Council BiU No. 1229) 

AN RESOLUTION ORDINANCE concerning 

ISSUANCE OF REVENUE OBUGATIONS 
FOR WATER PROJECTS 

FOR the purpose of increasing the maximum aggregate 

principal amount of Revenue Obligations authorized to be 
issued by the Mayor and Qty Council of Baltimore 
pursuant to Ordinance No. 39, approved June 8, 1992, 
from not exceeding $100,000,000, to not exceeding 
$160,000,000. 

BY amending paragraph (A) of Section 1 of Ordinance No. 39 
approved on June 8, 1992. 

RECITALS 

Ordinance No. 39, approved June 8, 1992, authorizes the 
issuance from time to time by the Qty of its Revenue 
Obligations in order to finance Water Facilities to be located 
within the geographical limits of the Qt/s water system. 

Because of certain events that have occurred since the 
passage of the Ordinance which affect the aggregate principal 
amoimt of Revenue ObUgations which may be required to be 
issued by the Qty in order to finance Water Facilities, 
including (without limitation) an increase in the nimaber of 
Water Facilities which the Qty may desire to finance with the 
proceeds of the sale of Revenue ObUgations, the Qty wishes 
to amend the Ordinance to increase to $160,000,000 the 
aggregate principal amoimt of its Revenue Obligations that 
may be issued imder the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That paragraph (A) of Section 1 
of Ordinance No. 39, approved Jime 8, 1992, be and hereby 
is amended to read as follows: 

"A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations not exceeding [One 
Hundred Million Dollars ($100,000,000] ONE HUNDRED 



501 



o 



Ord. 609 



SIXTY MILLION DOLLARS ($160,000,000) is hereby 
authorized for the general public purposes of financing or 
refinancing the cost of the Financed Facilities and repaying 
the Qty for amounts expended on Financed Facilities in 
anticipation of the issuance of the Revenue Obligations. This 
maximum amount may consist of (i) Revenue Notes, (ii) 
Revenue Bonds, (iii) Refunding Revenue Notes, (iv) 
Refunding Revenue Bonds, and (v) any combination of items 
(i) to (iv), inclusive, above. Any Refunding Obligations issued 
hereimder to refund any Revenue Obligations previously 
issued hereunder shall replace that portion of the authorized 
amount of Revenue Obligations previously issued and shall 
not be deemed to reduce the maximum authorized amount of 
Revenue Obligations permitted to be issued hereunder. In 
^ addition, (i) the payment of the principal of any Revenue 

^ Obligations previously issued, whether at maturity, upon 

>•; redemption or otherwise, (ii) the purchase and cancellation of 

^ any Revenue Obligations or (iii) the provision for the payment 

5: of the principal of any Revenue Obligations in a manner 

'^ which makes such Revenue ObUgation no longer outstanding 

^ in accordance with the terms of the Administrative Resolution 

1^ shall restore the principal amoimt of Revenue Obligations 

CO authorized to be issued hereunder by an amount equal to the 

principal amoimt of Revenue ObUgations so paid, purchased 
and cancelled or otherwise provided for. The amount of any 
Credit Facility and any Revenue Obligation issued to evidence 
the indebtedness for borrowed money or the liability for such 
Credit FaciHty, shall not be deemed to reduce the maximum 
authorized amount of Revenue ObUgations permitted to be 
issued hereunder. In connection with the issuance of capital 
appreciation Revenue ObUgations, compound interest 
Revenue Obligations or similar types of Revenue Obligations, 
the principal amount of such Revenue Obligations issued 
pursuant to this Ordinance, for purposes of determining the 
remaining authorized amount of Revenue Obligations 
permitted to be issued hereunder, shall be the principal 
amount of such Revenue Obligations outstanding on the date 
of issuance thereof." 

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance 
No. 39, approved June 8, 1992, and as amended by this 
ordinance, shall continue to remain in full force and effect. 



502 



QC 



Ord. 610 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 610 

(Council Bill No. 1230) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE OBLIGATIONS 
FOR WASTEWATER PROJECTS 

FOR the purpose of increasing the maximum aggregate 

principal amoimt of Revenue Obligations authorized to be 
issued by the Mayor and Qty Council of Baltimore 
pursuant to Ordinance No. 40, approved June 8, 1992, 
from not exceeding $100,000,000, to not exceeding 
$160,000,000. 

BY amending paragraph (A) of Section 1 of Ordinance No. 40 
approved on Jime 8, 1992. 

RECITALS 

Ordinance No. 40, approved June 8, 1992, authorizes the 
issuance from time to time by the Qty of its Revenue 
Obligations in order to finance Wastewater Facilities to be 
located within the geographical limits of the Qt/s water 
system. 

Because of certain events that have occurred since the 
passage of the Ordinance which affect the aggregate principal 
amount of Revenue Obligations which may be required to be 
issued by the Qty in order to finance Wastewater Facilities, 
including (without limitation) an increase in the number of 
Wastewater Facilities which the Qty may desire to finance 
with the proceeds of the sale of Revenue Obligations, the Qty 



503 



I 



or- 



Ord. 610 



wishes to amend the Ordinance to increase to $160,000,000 
the aggregate principal amount of its Revenue Obligations 
that may be issued imder the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That paragraph (A) of Section 1 
of Ordinance No. 40, approved June 8, 1992, be and hereby 
is amended to read as follows: 

"A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations not exceeding [One 
Hundred Million Dollars ($100,000,000] ONE HUNDRED 
SIXTY MILLION DOLLARS ($160,000,000) is hereby 
authorized for the general public purposes of financing or 
refinancing the cost of the Financed Facilities and repaying 
the Qty for amounts expended on Financed Facilities in 
anticipation of the issuance of the Revenue Obligations. This 
5: maximum amount may consist of (i) Revenue Notes, (ii) 

£ Revenue Bonds, (iii) Refunding Revenue Notes, (iv) 

^ Refunding Revenue Bonds, and (v) any combination of items 

^ (i) to (iv), inclusive, above. Any Refunding Obligations issued 

J^ hereunder to refund any Revenue Obligations previously 

JO issued hereunder shall replace that portion of the authorized 

Ui amount of Revenue Obligations previously issued and shall 

2? not be deemed to reduce the maximum authorized amount of 

Revenue Obligations permitted to be issued hereunder. In 
addition, (i) the payment of the principal of any Revenue 
Obligations previously issued, whether at maturity, upon 
redemption or otherwise, (ii) the purchase and cancellation of 
any Revenue Obligations or (iii) the provision for the payment 
of the principal of any Revenue Obligations in a manner 
which makes such Revenue Obligation no longer outstanding 
in accordance with the terms of the Administrative Resolution 
shall restore the principal amount of Revenue Obligations 
authorized to be issued hereunder by an amount equal to the 
principal amount of Revenue Obligations so paid, purchased 
and cancelled or otherwise provided for. The amount of any 
Credit Facility and any Revenue Obligation issued to evidence 
the indebtedness for borrowed money or the liability for such 
Credit Facility, shall not be deemed to reduce the maximum 
authorized amount of Revenue Obligations permitted to be 
issued hereunder. In connection with the issuance of capital 
appreciation Revenue Obligations, compound interest 



504 



2 



Ord. 611 



Revenue Obligations or similar types of Revenue Obligations, 
the principal amount of such Revenue Obligations issued 
pursuant to this Ordinance, for purposes of determining the 
remaining authorized amount of Revenue Obligations 
permitted to be issued hereimder, shall be the principal 
amoimt of such Revenue Obligations outstanding on the date 
of issuance thereof." 

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance 
No. 40, approved Jime 8, 1992, and as amended by this 
ordinance, shall continue to remain in full force and effect. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 611 

(Council Bill No. 1246) 

AN ORDINANCE concerning 

LOCAL GOVERNMENT INVESTMENT POUCY 

FOR tbe purpose of providing for the adoption of a Local 
GovemxDent Investment PoHcy for the Qty of Baltimore, 
azKl generally relating thereto. 

By ftdding 

Aitide 5 - Comptroller and Treasurer 

Section 22. to be imder the new subtitie Tocal 

Govpmmcnt Investment Policy" 
Baltimore Qty Code (1983 Replacement Volume, as 

ttneoded) 

WHEREAS. Chapter 143 of the Uws of Maryland of 1995 
requires kxal governments in Maryland to enact a Local 



505 



o 



Ord. 611 



Government Investment Policy pursuant to gmdelines 
promulgated by the State Treasurer; and 

WHEREAS, The deadline for adoption of the Local 
Government Investment Policy as provided by Chapter 143 is 
September 1, 1995; and 

WHEREAS, The Baltimore Qty Council desires to comply 
with the requirements of Chapter 143 in an expeditious 
manner; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND OTY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) be 
^ added, repealed, or amended, to read as follows: 

>•• ARTICLE 5 - COMPTROLLER AND TREASURER 

cr: 

S LOCAL GOVERNMENT INVESTMENT POUCY 

^ 22. REQUIREMENTS. 

S (A) THE MAYOR AND CITY COUNCIL OF BALTIMORE 

£ SHALL BE GOVERNED BY A LOCAL GOVERNMENT 

> INVESTMENT POUCY THAT IS CONSISTENT WITH AND 

? COMPLIES WITH THE LOCAL GOVERNMENT INVESTMENT 

GUIDELINES ADOPTED IN ACCORDANCE WITH THE 
PROVISIONS OF THE ANNOTATED CODE OF MARYLAND, 
ARTICLE 95, SECTION 22F, AS AMENDED. 

(B) THE BOARD OF FINANCE SHALL HAVE THE 
AUTHORITY TO ADOPT AND IMPLEMENT THE LOCAL 
GOVERNMENT INVESTMENT POUCY FOR BALTIMORE CITY. 

(Q ANY AMENDMENTS TO THE LOCAL GOVERNMENT 
INVESTMENT POUCY OF THE CITY SHALL BE CONSISTENT 
WITH THE LOCAL GOVERNMENT INVESTMENT 
GUIDELINES AND SHALL BE SUBMITTED TO THE STATE 
TREASURER IN ACCORDANCE WITH THE PROVISIONS OF 
THE ANNOTATED CODE OF MARYLAND, ARTICLE 95, 
SECTION 22F, AS AMENDED. 



506 



Ord. 612 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take efifect on the 30th day after the date of 
its enactment. 

Approved June 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 612 

(Council Bill No. 966) 

AN ORDINANCE concerning 

FINANCIAL DISCLOSURE FORMS - UNDER OATH 

FOR the purpose of requiring financial disclosure forms to be 
filed imder oath. 

BY repealing and reordaining with amendments 
Article 8 - Ethics 
Title 5 - Financial Disclosure 
Section 5-3 (a) 

Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND QTY 
COUNCIL OF BALTIMORE, That Section(s) of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended, to read as follows: 

ARTICLE 8 - ETHICS 

Tide 5 - Financial Disclosure 

5-3. Statements, filing. 

(a) Except as provided in subsection (d) hereof, each 
statement maker shall file UNDER OATH OR AFFIRMATION 
WITH THE DIRECTOR the statement on or before November 
1 of each year. 



507 



:t 



Ord. 613 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 5, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 613 
(CoiincU BUI No. 1236) 



O 

:gZ AN ORDINANCE concerning 

>•• 

or 

o 



MIDTOWN SPECIAL BENEFITS DISTRICT 
AND MANAGEMENT AUTHORITY 



FOR the purpose of creating a district within Baltimore 
Qty within which there shall operate a community 
^ benefits district; specifying the boundaries of the 

JJ distria; creating an authority and describing its rights, 

Ui duties, and powers; designating the initial interim 

? board of the authority and providing for the selection 

and approval of a full board; creating the 
administrator for the authority; mandating the 
financial responsibilities of the authority and the dty 
in conjunction with the operation of the district; 
providing for a supplemental tax to be collected by 
and for the authority; estabUshing limits and 
minimums on the amount of the supplemental tax; 
incorporating the assessment, collection and 
enfocremcnt process for the supplemental tax within 
the prxxedures and processes already existing; 
sprdfying the role of the city in maintaining and 
enhaucmg existing services; encouraging the creation 
o( partnerships between and among the authority, the 
dry, the ttite, the federal government and other 
property owners not subject to the supplemental tax; 
establishing the Board of Estimates as the agency 
char^ged with reviewing and approving various matters 
relating to the district and the authority; providing for 



508 



Ord. 613 



the renewal, expiration, termination and approval of 
the district and the authority; and otherwise providing 
for the existence, operation and control of the district 
and the authority. 

BY authority 
Article II 
Section 62 
Baltimore Qty Qiarter (1964 Revision, as amended) 

BY adding 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtitle - Conununity Benefits Districts and Authorities 
Section 266-278 
Baltimore Gty Code (1983 Replacement Volimie, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, 
AND MUNICIPAL AGENCIES 

Community Benefits Districts and Authorities 

MIDTOWN SPECL^L BENEFITS DISTRICT 
AND MANAGEMENT AUTHORHY 

266. FINDINGS OF FACT. 

AFTER GIVING CONSIDERATION TO THE VIEWS OF 
PROPERTY OWNERS, THE RETAIL MERCHANTS, THE 
PROPERTY TENANTS, AND OTHER MEMBERS OF THE 
BUSINESS AND RESIDENTL^L COMMUNITIES WITHIN 
THE DISTRICT, AND AFTER A PUBLIC HEARING, THE 
QTY COUNCIL HAS DETERMINED THAT: 



509 



Ord. 613 



(A) THE DISTRICT CREATED UNDER THIS SUBTITLE 
WILL REFLECT A DIVERSE MK OF BUSINESS AND 
RESIDENTLU PROPERTIES; AND 

(B) THE DISTRICT WILL REFLECT A DIVERSE 
ECONOMIC, SOCIAL AND RACLU MDC 

267. BOUNDARIES. 

THERE IS HEREBY CREATED A COMMUNITY 
BENEFITS DISTRICT TO BE KNOWN AS THE MIDTOWN 
SPECIAL BENEFITS DISTRICT WITHIN THE FOLLOWING 
BOUNDARIES: 

§ BEGINNING AT THE POINT OF INTERSECTION OF THE 

<^j CENTER LE^S OF FRANKLIN STREET AND PARK 

P AVENUE; THEN EAST ALONG THE NORTH SIDE OF 

^ FRANKLIN STREET TO INTERSECT WITH THE 

5! PROPERTY LINE BETWEEN LOT 4 AND LOT 5 OF BLOCK 

uu. 551; THEN NORTH ALONG THAT PROPERTY LINE 

^ CONTINUING ACROSS HAMILTON STREET TO 

H- INTERSECT WITH THE NORTH SIDE OF CENTRE 

S STREET; THEN EAST ON THE NORTH SIDE OF CENTRE 

5 STREET TO INTERSECT WITH THE CENTER LINE OF I- 

> 83; THEN NORTH ON 1-83 TO INTERSECT WITH THE 

? WEST SIDE OF CALVERT STREET; THEN NORTH ON 

THE WEST SIDE OF CALVERT STREET TO INTERSECT 
WITH THE NORTH SIDE OF NORTH AVENUE; THEN 
WEST ON THE NORTH SIDE OF NORTH AVENUE 
EXCEPT THAT THE PROPERTIES IN THE 1900 BLOCK 
OF NORTH CHARLES STREET AND THE 1900 BLOCK OF 
ST. PAUL STREET SHALL BE INCLUDED; THEN 
CONTINUING WEST ON THE NORTH SIDE OF NORTH 
AVENUE TO CALVERT HOWARD STREET; THEN WEST 
ON THE SOUTH SIDE OF NORTH AVENUE TO 
INTERSECT WITH THE SOUTHEAST SIDE OF GOLD 
STREET; THEN SOUTHWEST ON THE SOUTHEAST SIDE 
OF GOLD STREET TO INTERSECT WITH THE 
NORTHEAST SIDE OF TIFFANY ALLEY; THEN 
SOUTHEAST ON THE NORTHEAST SIDE OF TIFFANY 
ALLEY TO INTERSECT WITH THE NORTHWEST SIDE OF 
LAURENS STREET; THEN NORTHEAST ON THE 
NORTHWEST SIDE OF LAURENS STREET TO 



510 



Ord. 613 



INTERSECT WITH THE SOUTHWEST SIDE OF EUTAW 
PLACE; THEN SOUTHEAST ON THE SOUTHWEST SIDE 
OF EUTAW PLACE TO INTERSECT WITH THE 
NORTHWEST SIDE OF DOLPHIN STREET; THEN 
NORTHEAST AND EAST ON THE NORTHWEST AND 
NORTH SIDES OF DOLPHIN STREET TO INTERSECT 
WITH THE NORTHEAST SIDE OF PARK AVENUE; THEN 
SOUTHEAST AND SOUTH ON THE NORTHEAST AND 
EAST SIDES OF PARK AVENUE TO INTERSECT WITH 
THE SOUTHEAST SIDE OF MARTIN LUTHER KING, JR. 
BOULEVARD; THEN SOUTHWEST ON THE SOUTHEAST 
SIDE MARTIN LUTHER KING, JR. BOULEVARD TO 
INTERSECT WITH NORTHEAST SIDE OF READ STREET; 
THEN SOUTHEAST ON THE NORTHEAST SIDE OF READ 
STREET TO INTERSECT WITH THE EAST SIDE OF 
TYSON STREET; THEN SOUTH ON THE EAST SIDE OF 
TYSON STREET TO INTERSECT WITH THE SOUTH SIDE 
OF MONUMENT STREET; THEN WEST ON THE SOUTH 
SIDE OF MONUMENT STREET TO INTERSECT WITH 
THE EAST SIDE OF HOWARD STREET; THEN SOUTH 
ON THE EAST SIDE OF HOWARD STREET TO 
INTERSECT WITH THE NORTH SIDE OF CENTRE 
STREET; THEN EAST ON THE NORTH SIDE OF CENTRE 
STREET TO INTERSECT WITH THE EAST SIDE OF PARK 
AVENUE; THEN SOUTH ON THE EAST SIDE OF PARK 
AVENUE TO THE POINT OF BEGINNING. 

PROVIDED, HOWEVER, THAT THE FOLLOWING 
PROPERTY IS INCLUDED IN THE DESCRIBED AREA: 

1801 FALLS ROAD. (BLOCK 387, LOTS 25B, 26, 
. 35, 36, 37, AND 38) 

IN THE EVENT BOUNDARY DESCRIPTIONS SHOULD 
RESULT IN A PROPERTY BEING LOCATED IN TWO OR 
MORE COMMUNITY BENEFIT DISTRICTS, THEN THE 
PROPERTY SHALL BE CONSIDERED TO BE CONTAINED 
IN THE FIRST COMMUNITY BENEFIT DISTRICT 
ENACTED. 



268. AUTHORITY; CREATION. 



511 



Ord. 613 



(A) THERE IS HEREBY CREATED THE MIDTOWN 
SPECIAL BENEFITS DISTRICT MANAGEMENT 
AUTHORITY, WHICH IS REFERRED TO HEREAFTER AS 
THE "AUTHORnV. 

(B) THE PURPOSE OF THE AUTHORITY IS TO 
PROMOTE AND MARKET THE DISTRICT, PROVIDE 
SUPPLEMENTAL SECURITY AND MAINTENANCE 
SERVICES, PROVIDE AMENITIES IN PUBUC AREAS, 
PROVIDE PARK AND RECREATIONAL PROGRAMS AND 
FUNCTIONS, AND AFTER ITS ESTABUSHMENT, OTHER 
SERVICES AND FUNCTIONS AS REQUESTED BY THE 
AUTHORITY AND APPROVED BY AN ORDINANCE OF 

^ THE MAYOR AND CITY COUNCIL. 

«: 269. AUTHORITY; POWERS AND FUNCTIONS. 

^ THE AUTHORITY SHALL: 

5:' 

VJL. (A) NOT BE OR CONSTITUTE OR BE DEEMED AN 

^ AGENCY OF THE CITY OR THE STATE OF MARYLAND; 

S (B) TO THE GREATEST EXTENT ALLOWABLE BY 

£ LAW, BE DEEMED A SPECIAL TAXING DISTRICT, AND 

> THEREFORE A GOVERNMENTAL BODY, BOTH POLITIC 

? AND CORPORATE, EXERCISING ONLY SUCH POWERS 

AS ARE PROVIDED FOR IN THIS SUBTITLE; 

(Q NOT EXERCISE ANY POWER SPECIFICALLY 
WITHHELD BY THE TERMS OF EITHER THE ENABLING 
LEGISLATION, OR IF MORE RESTRICTIVE, THIS 
SUBTITLE. HOWEVER, THE POWERS OF THE 
AUTHORITY SHALL BE BROADLY INTERPRETED IN 
ORDER TO ALLOW THE AUTHORITY TO ACHIEVE THE 
GOALS OF THE ENABLING LEGISLATION, INCLUDING 
THE PROVISION OF SUPPLEMENTARY SECURITY AND 
MAINTENANCE SERVICES, THE PROMOTION AND 
MARKETING OF THE DISTRICT AND THE PROVISION 
OF AMENITIES IN PUBUC AREAS. 

(D) ACQUIRE, HOLD AND USE BOTH REAL AND 
PERSONAL PROPERTY NECESSARY TO ACHIEVE ITS 



512 



Ord. 613 



PURPOSES, INCLUDING THE ACQUISITION BY 
PURCHASE, LEASE, OR OTHER MEANS; 

(E) ENGAGE THE SERVICES OF AN ADMINISTRATOR 
(THE "ADMINISTRATOR"), WHICH MAY BE AN 
INDIVIDUAL OR AN ENTITY, TO ADMINISTER THE 
PROGRAMS AND UNDERTAKINGS OF THE AUTHORITY; 

(F) SUE AND BE SUED, PROVIDED THAT THE 
DISTRICT, THE AUTHORITY, ITS BOARD OF 
DIRECTORS, AND THE ADMINISTRATOR SHALL 
BENEFIT, TO THE FULLEST EXTENT ALLOWABLE BY 
LAW, FROM ANY PROVISIONS OF FEDERAL, STATE AND 
LOCAL LAW LIMITING THE LL^BILITY OF EMPLOYEES, 
OFHCERS, AGENTS AND OFRCL^LS OF 
GOVERNMENTAL BODIES; 

(G) ACCEPT GRANTS; 

(H) BORROW FUNDS FOR PURPOSES CONSISTENT 
WITH THE PUBUC PURPOSES OF THE AUTHORITY, 
PROVIDED NO BORROWING SHALL BE FOR A TERM 
BEYOND THE DATE FOR RENEWAL OF THE DISTRICT 
UNDER SECTION 277 OF THIS SUBTITLE; 

(D ADOPT AN ANNUAL BUDGET AND IMPOSE, 
CHARGE AND COLLECT THE TAXES OR CHARGES ON 
BENEFITTED PROPERTIES WITHIN THE DISTRICT 
AUTHORIZED BY THE ENABLING LEGISLATION AND 
THIS SUBTITLE; PROVIDED, HOWEVER, THAT NO 
TAXES SHALL BE LEVIED AGAINST PROPERTIES 
WHICH ARE EXEMPT UNDER STATE LAW FROM 
ORDINARY PROPERTY TAXES; 

(J) CREATE AND ENTER INTO PARTNERSHIPS 
BETWEEN THE AUTHORITY AND VARIOUS PROPERTY 
OWNERS OTHERWISE EXEMPT FROM ORDINARY 
PROPERTY TAXES, WHICH PARTNERSHIPS MAY 
PROVIDE FOR THE PROVISION OF PERMITTED 
SERVICES AND BENEFITS BY THE AUTHORITY IN 
EXCHANGE FOR PAYMENTS ARRANGED BY CONTRACT, 
DONATION, GIFT, SERVICES IN KIND OR OTHER 



513 



Ord. 613 



MECHANISM BY WHICH FUNDS OR BENEFITS ARE 
PROVIDED TO THE AUTHORITY; 

(K) ESTABUSH AND ELECT SUCH OFHCERS OF THE 
BOARD AS ARE NOT SPECIFIED IN THIS SUBTITLE AND 
PROVIDE FOR THEIR TERMS AND DUTIES; 

(L) CONTRACT FOR AND PURCHASE GOODS AND 
SERVICES, WITHOUT BEING SUBJECT TO BALTIMORE 
CITY REQUIREMENTS REGARDING WAGE SCALES, 
COMPETITIVE BIDDING OR OTHER LOCAL 
PROCUREMENT LAWS, BUT NONETHELESS SHALL BE 
SUBJECT TO APPLICABLE ORDINANCES REGARDING 
CITY POUCY ON ENCOURAGING AND ACHIEVING 
§ GOALS FOR MINORITY AND WOMEN'S BUSINESS 

;«f ENTERPRISES PARTICIPATION IN THE CONTRACTING 

P AcnvrriES of the authority; 

or: 

<x: 

5: (M) SUBJECT TO THE APPROVAL OF THE BOARD OF 

u. ESTIMATES, ADOPT, AMEND AND MODIFY BY-LAWS, 

^ CONSISTENT WITH THE ENABLING LEGISLATION AND 

K- THIS SUBTITLE; 

£ (N) IMPLEMENT THE PROGRAMS AND GOALS OF 

> THE AUTHORITY DIRECTLY THROUGH EMPLOYEES, OR 

? THROUGH ONE OR MORE CONTRACTS, WHICH 

CONTRACTS CAN BE WITH INDEPENDENT 
CONTRACTORS OR CONTRACTUAL EMPLOYEES; 

(O) ASSIST IN THE LEASING, MARKETING AND 
PROMOTIONAL ACnVITIES WITHIN THE DISTRICT, TO 
THE EXTENT SUCH ACnVITIES ARE APPROVED BY THE 
GOVERNING BOARD OF THE AUTHORITY; 

(P) APPOINT, HIRE, OR ENGAGE SUCH AUDITORS, 
ACCOUNTANTS, ATTORNEYS, ASSISTANTS, AIDES, 
EMPLOYEES AND ADVISORS AS MAY BE DEEMED 
NECESSARY FOR THE PROPER PERFORMANCE OF THE 
DUTIES OF SAID AUTHORTIY, BUT CONSISTENT WTTH 
THIS ORDINANCE: AND 



514 



Ord. 613 



(Q) DO AUL OTHER THINGS NECESSARY OR 
CONVENIENT TO CARRY OUT ITS GOALS, OBJECTIVES 
AND POWERS. 

270. AUTHORITY; LIMITATIONS. 

THE AUTHORITY MAY NOT: 

(A) EXERQSE ANY POUCE OR GENERAL POWERS 
OTHER THAN THOSE AUTHORIZED BY STATE LAW 
AND CITY ORDINANCE; 

(B) PLEDGE THE FULL FAITH OR CREDIT OF THE 
CITY; 

(Q IMPOSE TAXES OR CHARGES IN EXCESS OF 
THOSE APPROVED BY THE BOARD OF ESTIMATES; 

CD) EXERQSE THE POWER OF EMINENT DOMAIN; 

(E) EXTEND ITS LIFE WITHOUT THE APPROVAL OF 
THE CITY COUNCIL; 

(F) EXCEPT AS OTHERWISE PROVIDED BY LAW, 
ENGAGE IN COMPETITION WITH THE PRIVATE 
SECTOR; 

(G) EXCEPT AS OTHERWISE PROVIDED IN SECTION 
278, REVERT CHARGES OR TAXES COLLECTED 
PURSUANT TO THIS SUBTITLE TO THE GENERAL FUND 
OF THE CITY; 

(H) BE AN AGENCY OF THE MAYOR AND CITY OF 
BALTIMORE OR THE STATE OF MARYLAND AND ITS 
OFHCERS AND EMPLOYEES MAY NOT ACT AS AGENTS 
OR EMPLOYEES OF THE MAYOR AND CITY OF 
BALTIMORE OR THE STATE OF MARYLAND; 

(D EMPLOY INDIVIDUALS WHO RESIDE OUTSIDE 
THE CITY OF BALTIMORE; AND 

(J) EXCEPT AS REQUIRED OR APPROPRMTE TO 
FACILITATE ITS NORMAL OPERATIONS, INCUR DEBT. 



515 



Ord. 613 



271. AUTHORTIY; BOARD OF DIRECTORS. 

(A) THE AUTHORITY SHALL BE GOVERNED BY AND 
ADMINISTERED THROUGH A BOARD OF DIRECTORS 
(THE "BOARD"). THE INTERIM BOARD OF THE 
AUTHORITY SHALL BE THOSE INDIVIDUALS WHOSE 
NAMES ARE SET FORTH ON THE UST ATTACHED TO 
THIS ORDINANCE AS EXHIBIT A. THE INTERIM BOARD 
SHALL BE RESPONSIBLE FOR DRAFTING THE BY-LAWS 
OF THE AUTHORITY, RECOMMENDING A FULL BOARD 
FOR THE AUTHORITY TO THE BOARD OF ESTIMATES, 
AND PREPARING A PROPOSED OPERATIONS PLAN AND 
BUDGET. THE BOARD SHALL BE SUBJECT TO THE 
FOLLOWING REQUIREMENTS: 

<^ (1) THE INTERIM BOARD MEMBERS SHALL 

>-'• SERVE FOR A PERIOD NOT TO EXCEED SIX (6) 

S: MONTHS, UNLESS EXTENDED BY THE BOARD OF 

5f ESTIMATES, AND ONLY UNTIL A FULL BOARD IS 

u. APPROVED BY THE BOARD OF ESTIMATES AS 

^ PROVIDED HEREAFTER. THE MAJORITY OF THE 

►^ INTERIM BOARD MEMBERS SHALL BE PROPERTY 

CO OWNERS OR REPRESENTATIVES OF PROPERTY 

2 OWNERS ESf THE DISTRICT THAT ARE SUBJECT TO 

> TAXES OR CHARGES UNDER THIS SECTION AND ARE 

? EUGIBLE TO VOTE IN THE ELECTION REQUIRED 

UNDER SECTION 276. IN THE EVENT OF 
RESIGNATION, EXPIRATION OF TERM, OR REMOVAL IN 
ACCORDANCE WITH THE BY-LAWS OF THE AUTHORITY 
OF ANY MEMBER OF THE BOARD, SUCCESSORS SHALL 
BE ELECTED BY THE REMAINING MEMBERS OF THE 
BOARD. 

(2) THE NUMBER OF VOTING MEMBERS OF THE 
FULL BOARD SHALL BE NOT LESS THAN THIRTEEN 
(13), EXCLUDING VACANCIES, AND NO MORE THAN 
TWENTY-FIVE (25). THE INTERIM BOARD SHALL 
PROPOSE TO THE BOARD OF ESTIMATES THE INHTAL 
FULL MEMBERSHIP OF THE BOARD AND THE 
PROPOSED TERMS FOR EACH DIRECTOR. THE TERMS 
OF THE MEMBERS SHALL BE STAGGERED. INTERIM 
BOARD MEMBERS MAY BE INCLUDED IN THE 
RECOMMENDED FULL BOARD UST. SUCH 



516 



Ord. 613 



RECOMMENDATION SHALL OCCUR NO LATER THAN 
TEN (10) DAYS AFTER APPROVAL OF THE DISTRICT 
AND SHALL BE SUBJECT TO THE CONSENT AND 
CONCURRENCE OF THE BOARD OF ESTIMATES. THE 
BOARD SHALL HAVE THE FULL AUTHORITY TO 
INCREASE OR DECREASE ITS MEMBERSHIP, WITHIN 
THE ABOVE LIMITS. 

(B) MEMBERS OF THE BOARD: 

(1) ONE VOTING MEMBER SHALL BE 
APPOINTED BY THE MAYOR. 

(2) ONE MEMBER SHALL BE A MEMBER OF THE 
CITY COUNCIL APPOINTED BY THE PRESIDENT OF THE 
CITY COUNCIL WHO SHALL BE A VOTING MEMBER IF 
HE OR SHE IS EUGBLE TO VOTE IN THE ELECTION 
UNDER SECTION 276. 

(3) AT LEAST TWO VOTING MEMBERS SHALL BE 
FROM EACH OF THE FOLLOWING CONSTITUENT 
ORGANIZATIONS WITHIN THE DISTRICT: 

(D CHARLES-NORTH COMMUNITY 
ASSOCL\TION 

(ID MT. ROYAL IMPROVEMENT ASSOCIATION 

(in) MADISON PARK IMPROVEMENT 
ASSOCIATION, INC. 

(IV) MT. VERNON-BELVEDERE IMPROVEMENT 
ASSOCIATION 

(4) THE BOARD SHALL CONTAIN FOUR (4) AT 
LARGE VOTING MEMBERS. 

(5) THE BOARD MAY CONTAIN ADDITIONAL 
MEMBERS FROM THE FOLLOWING CONSTITUENT 
GRCXJPS: 



517 



Ord. 613 



OPERATIONS, WHETHER OR NOT INCURRED BY THE 
ADMINISTRATOR OR ON BEHALF OF THE DISTRICT OR 
THE AUTHORITY. 

(D) BEFORE ADOPTING THE FINANCIAL PLAN, THE 
BOARD SHALL ARRANGE FOR A PUBUC HEARING TO 
BE HELD ON THE FINANCL^J. PLAN. THE HEARING 
SHALL NOT OCCUR UNTIL AFTER NOTICE OF THE 
HEARING HAS BEEN PUBUSHED IN A NEWSPAPER OF 
GENERAL CIRCULATION IN BALTIMORE CITY AT LEAST 
ONCE A WEEK FOR THREE CONSECUTIVE WEEKS. 

CE) THE AUTHORITY MAY NOT APPROVE A 
^ FINANCLfliL PLAN THAT INCLUDES TAXES OR CHARGES 

§ IN EXCESS OF THOSE APPROVED BY THE BOARD OF 

5 ESTIMATES. 

< 273. SUPPLEMENTAL TAX. 

^ (A) UPON ENACTMENT OF THIS SUBTITLE THE 

^ BOARD OF ESTIMATES SHALL OBTAIN FROM THE 

K DIRECTOR OF FINANCE THE "ASSESSABLE BASE" OF 

g THE DISTRICT, WHICH SHALL CONSTITUTE A USTING 

5 BY PROPERTY AND A CALCULATION OF THE SUM OF 

? ASSESSMENTS ON PROPERTIES SUBJECT TO THE 

? SUPPLEMENTAL TAX. PROPERTIES SUBJECT TO THE 

TAX SHALL INCLUDE ALL PROPERTIES WITHIN THE 
DISTRICT EXCEPT THOSE EXEMPT UNDER THIS 
ORDINANCE, THE ENABLING LEGISLATION OR OTHER 
APPUCABLE LAWS. THE BOARD OF ESTIMATES SHALL 
DETERMINE WITH FINALITY THE ASSESSABLE BASE 
UPON WHICH THE SUPPLEMENTAL TAX WILL BE 
BASED. 

CB) THE FUNDING FOR OPERATION OF THE 
ALTHORnY SHALL BE PROVIDED BY A SUPPLEMENTAL 
PROPERTY TAX (THE SUPPLEMENTAL TAX) ON THE 
ASSESSABLE BASE OF THE DISTRICT AS DETERMINED 
IN PARAGRAPH A. THE SUPPLEMENTAL TAX SHALL BE 
ASSESSED AND COLLECTED IN CONJUNCTION WITH 
THE PROPERTY TAXES ASSESSED AND COLLECTED BY 
THE CITY fREGLTAR TAX"), UNLESS OTHERWISE 
ESTABLISHED BY THE BOARD OF ESTIMATES. 



520 



Ord. 613 



ENFORCEMENT OF THE SUPPLEMENTAL TAX SHALL BE 
IN ACCORDANCE WITH THE ENFORCEMENT OF THE 
REGULAR TAX AND ALL PROVISIONS APPUCABLE TO 
THE ASSESSMENTS, REFUNDS, CREDITS, 
COLLECTIONS, AND ENFORCEMENT WHICH APPLY TO 
THE REGULAR TAX SHALL APPLY TO THE 
SUPPLEMENTAL TAX UNLESS MODIFIED HEREIN. 

(1) THE SUPPLEMENTAL TAX RATE SHALL BE 
DETERMINED AS FOLLOWS: 

0) ANY INCREASE IN THE RATE OF THE 
SUPPLEMENTAL TAX MUST BE APPROVED BY 
A MAJORITY OF THE VOTING BOARD 
MEMBERS. 

(ID FOR THE INITIAL BUDGET YEAR THE 
RATE OF THE SUPPLEMENTAL TAX SHALL BE 
SET TO RAISE REVENUES EQUAL TO THE 
COSTS OF THE FINANCL^^ PLAN BUT SHALL 
NOT EXCEED A FULL YEAR RATE OF 30 
CENTS PER 100 DOLLARS OF ASSESSED 
VALUE. 

(ffl) FOR THE FIRST FULL BUDGET YEAR THE 
RATE OF THE SUPPLEMENTAL TAX SHALL BE 
SET TO RAISE REVENUES EQUAL TO THE 
COSTS OF THE FINANCLU PLAN BUT SHALL 
NOT EXCEED 30 CENTS PER 100 DOLLARS OF 
ASSESSED VALUE, EXCEPT THAT THE RATE 
MAY BE ADJUSTED TO PRODUCE REVENUE 
EQUIVALENT TO THE FULL YEAR 30 CENT 
YIELD OF THE INHTAL BUDGET YEAR. 

(IV) FOR ANY YEAR AFTER THE FIRST FULL 
BUDGET YEAR, THE RATE OF THE 
SUPPLEMENTAL TAX MAY BE ADJUSTED TO 
YIELD REVENUES WHICH ARE NO MORE 
THAN 5% GREATER THAN IN THE PRIOR 
YEAR. 

(2) PROPERTIES WITHIN THE DISTRICT SUBJECT 
TO THE SUPPLEMENTAL TAX SHALL NOT BE REQUIRED 



521 



Ord. 613 



TO PAY ANY OTHER CHARGES OR FEES FOR SERVICES 
GENERALLY PROVIDED WITHIN THE DISTRICT BY THE 
AUTHORITY; HOWEVER, THE AUTHORITY MAY IMPOSE 
CHARGES AND FEES FOR ANY SPECL\L SERVICES 
REQUESTED BY AND PERFORMED FOR ONE OR MORE 
PROPERTY OWNERS. 

(3) EXEMPT FROM THE PROVISIONS OF THIS 
SUBTITLE RELATING TO A SUPPLEMENTAL ANNUAL 
PROPERTY TAX ARE THE POLES, CONDUITS, TUNNELS, 
PIPE LINES, MANHOLES, AND OTHER SIMILAR 
SURFACE OR SUBSURFACE STRUCTURES, INCLUDING 
THEIR EQUIPMENT, OWNED AND CONTROLLED BY A 
Q PUBUC SERVICE CORPORATION, LOCATED ON, OVER, 

25 OR UNDER STREETS, ALLEYS, OR OTHER PUBUC WAYS 

2 OR LANDS, THE CONSTRUCTION OF WHICH IS 

fc AUTHORIZED BY THE CITY, AND THE INSTALLATION 

5 OF WHICH IS REGULATED AND SUPERVISED BY THE 

S DIRECTOR OF PUBLIC WORKS OR AN AUTHORIZED 

^ REPRESENTATIVE THEREOF. 

fc (Q OTHER CHARGES: THE BOARD, WITH THE 

g APPROVAL OF THE BOARD OF ESTIMATES, MAY 

5 ESTABUSH OTHER FEES AND CHARGES FOR SPECmC 

SERVICES PERFORMED WITHIN THE DISTRICT, WITHIN 
AREAS ADJOINING THE DISTRICT, FOR PROPERTIES 
AND OWNERS NOT SUBJECT TO THE SUPPUEMENTAL 
TAX AND IN CONJUNCTION WITH PARTNERSHIPS 
ENCOURAGED BY THIS SUBTITLE. 

(D) BASELINE SERVICES: PRIOR TO IMPOSING AND 
COLLECTING THE SUPPLEMENTAL TAX AUTHORIZED 
BY THIS ORDINANCE, THE AUTHORITY SHALL ENTER 
INTO A MEMORANDUM OF UNDERSTANDING WITH 
THE MAYOR OF THE CITY REGARDING THE LEVEL OF 
SERVICES TO BE MAINTAINED BY THE CITY AS THE 
CnrS PARTNERSHIP OBLIGATION TO THE AUTHORITY 
AND THE DISTRICTS TAXPAYERS. SUCH A 
MEMORANDUM SHALL DESCRIBE THE EXISTING 
LEVELS OF SERVICE WITHIN THE DISTRICT, SHALL 
COMMIT THE CITY TO THE MAINTENANCE OF SUCH 
LEVELS OF SERVICE, AND SHALL OUTLINE THE 
FURTHER UNDERTAKINGS OF THE CITY IN RESPONSE 



> 



522 



Ord. 613 



TO THE INITIATIVE REPRESENTED BY THE CREATION 
OF THE DISTRICT (THE "BASELINE PLUS"). THE 
MAINTENANCE OF EXISTING SERVICES SHALL BE 
GOVERNED BY TWO PRINCIPLES: 

(1) NO DECREASE IN SUCH SERVICES SHALL 
OCCUR EXCEPT AS PART OF AN OVERALL DECREASE 
IN SERVICES NECESSITATED BY CHANGES IN 
FUNDING, POUCY OR RESOURCES, AND THEN ONLY IN 
PROPORTION TO THE DECREASES IMPLEMENTED 
ELSEWHERE IN THE CITY. 

(2) ANY INCREASE IN SUCH SERVICES 
GENERALLY THROUGHOUT THE CITY SHALL BE 
MATCHED WITH INCREASES IN SUCH SERVICES 
WITHIN THE DISTRICT, IN PROPORTION TO THE 
INCREASES IMPLEMENTED ELSEWHERE IN THE CITY. 

(E) PARTNERSHIPS: THE AUTHORITY IS 
AUTHORIZED AND ENCOURAGED TO ENTER INTO 
PARTNERSHIPS WITH THE PROPERTY OWNERS AND 
USERS WITHIN THE DISTRICT AND ADJOINING AREAS 
THAT ARE NOT SUBJECT TO THE SUPPLEMENTAL TAX 
("EXEMPT PARTNERS") FOR THE PURPOSE OF 
FURTHERING THE BROAD OBJECTIVES OF IMPROVING 
AND ENHANCING PUBUC SERVICES THROUGHOUT 
THE DISTRICT. IN FURTHERANCE OF THAT 
OBJECTIVE, THE AUTHORITY MAY: 

(1) CONTRACT TO PROVIDE VARYING LEVELS OF 
SERVICES TO AREAS ADJOINING THE DISTRICT; 

(2) AGREE TO ACCEPT DONATIONS, 
CONTRIBUTIONS, VOLUNTARY PAYMENTS OF ANY 
KIND FROM EXEMPT PARTNERS (COLLECTIVELY, 
"VOLUNTARY PAYMENTS"), WTTH OR WTTHOUT 
AGREEMENTS REGARDING SPECIHC SERVICES AND 
FUNCTIONS; 

(3) ENTER INTO AGREEMENTS WTTH EXEMPT 
PARTNERS TO INCLUDE PROPERTY OWNED BY THOSE 
EXEMPT PARTNERS WTTHIN THE DISTRICT IN RETURN 
FOR VOLUNTARY PAYMENTS AND/OR COMMTTMENTS 



523 



o 



Ord. 613 



REGARDING THE PROVISION OF SIMILAR SERVICES 
AND FUNCTIONS WITHIN PROPERTIES OWNED BY 
EXEMPT PARTNERS; AND 

(4) ESTABLISH RATES AND CHARGES FOR THE 
PROVISION OF SERVICES TO EXEMPT PARTNERS. 

(F) COLLECTION AND DISBURSEMENT: THE 
AUTHORITY IS AUTHORIZED AND DIRECTED TO 
ESTABUSH WITH THE APPROPRL\TE CITY AGENCIES 
THE METHODS BY WHICH THE SUPPLEMENTAL TAX IS 
TO BE ASSESSED, COLLECTED AND DISBURSED TO 
THE AUTHORITY. AMOUNTS COLLECTED BY THE CITY 
ON BEHALF OF THE AUTHORITY SHALL NOT BE 
INaUDED IN THE REVENUES OF THE CITY, SHALL 
NOT BE DEEMED SUBJECT TO THE BUDGETARY AND 
APPROPRIATION PROCESS AND SHALL BE DISBURSED 
PROMPTLY UPON COLLECTION. AS PART OF THE 
OTYS CONTRIBUTION TO THE DISTRICT, SUCH 
COLLECTION, ASSESSMENT, DISBURSEMENT, 
RECORD-KEEPING AND ENFORCEMENT AS MAY BE 
_ INVOLVED IN THE PROCESS, SHALL NOT BE A CHARGE 

R TO OR AGAINST THE AUTHORITY OR THE DISTRICT 

5 BUT SHALL BE AN ELEMENT OF THE BASELINE PLUS. 

? (1) THE DEPARTMENT OF FINANCE OF THE CITY 

IS AUTHORIZED TO COLLECT THE SUPPLEMENTAL TAX 
AND SUCH OTHER CHARGES AS ARE APPROVED BY 
THE BOARD OF ESTIMATES. THE ASSESSMENT FOR 
THE SUPPLEMENTAL TAX MAY BE INCLUDED WITH 
THE ANNUAL REAL PROPERTY TAX BILL SUBMITTED 
TO THE OWNERS OF PROPERTIES WITHIN THE 
DISTRICT. THE PENALTIES AND INTEREST APPUCABLE 
TO DELINQUENT TAXES SHALL BE APPLIED TO 
DELINQUENCIES IN PAYMENT OF THE SUPPLEMENTAL 
TAX. THE DEPARTMENT OF FINANCE SHALL MAKE 
REGULAR REMITTANCES OF THE AMOUNTS 
COLLECTED TO THE BOARD OF THE AUTHORITY. 

(2) THE AMOUNT OF ANY OUTSTANDING 
ASSESSMENT ON ANY PROPERTY, AND ACCRUED 
INTEREST AND OTHER CHARGES, SHALL CONSTITUTE 
A LIEN ON THE PROPERTY. THE LIEN SHALL TAKE 



524 



I 



I 



I 



Ord. 613 



PRECEDENCE OVER ALL OTHER LIENS, WHETHER 
CREATED PRIOR TO OR SUBSEQUENT TO THE 
ASSESSMENT, COMMENSURATE WITH A UEN FOR 
STATE AND COUNTY TAXES, GENERAL MUNICIPAL 
TAXES, AND PRIOR IMPROVEMENT ASSESSMENTS, 
AND SHALL NOT BE DEFEATED OR POSTPONED BY 
ANY PRIVATE OR JUDICL\L SALE, BY ANY MORTGAGE, 
OR BY ANY ERROR OR MISTAKE IN THE DESCRIPTION 
OF THE PROPERTY OR IN THE NAMES OF THE 
OWNERS. NO ERROR IN THE PROCEEDINGS OF THE 
CITY OR THE BOARD OF THE AUTHORITY SHALL 
EXEMPT ANY PROPERTY FROM THE LIEN, OR FROM 
PAYMENT THEREOF, OR FROM THE PENALTIES OR 
INTEREST THEREON, AS HEREIN PROVIDED. 

274. THE ADMINISTRATOR. 

(A) THE ADMINISTRATOR SIL^LL HAVE THE POWER 
TO: 

(1) PREPARE THE FINANCLSd. PLAN FOR REVIEW 
AND APPROVAL BY THE BOARD; 

(2) IMPLEMENT THE APPROVED FINANCL\L 
PLAN AND ARRANGE FOR THE COLLECTION AND 
DISBURSEMENT OF THE SUPPLEMENTAL TAX AND ALL 
OTHER CHARGES, FEES AND REVENUES OF THE 
AUTHORITY; 

(3) ESTABUSH PROCEDURES AND PROCESSES 
NECESSARY TO PERFORM THE FUNCTIONS CALLED 
FOR UNDER THE FINANCL^J. PLAN AND THE BUDGET; 

(4) BE RESPONSIBLE FOR THE DAY-TO-DAY 
OPERATIONS OF THE BOARD AND ITS EMPLOYEES 
AND CONTRACTORS; 

(5) EXERCISE THE POWERS GRANTED TO THE 
AUTHORITY UNDER THIS SUBTITLE, PROVIDED THAT 
THE BOARD SHALL RETAIN FINAL DISCRETION AND 
POWER WITH REGARD TO ALL SUBSTANTIVE 
AGREEMENTS, CONTRACTS AND OTHER 
ARRANGEMENTS BINDING ON THE AUTHORITY; 



525 






> 

2 



Ord. 613 



(6) HIRE AND RETAIN SUCH EMPLOYEES, 
AGENTS AND CONTRACTORS AS ARE NEEDED TO 
PERFORM ITS FUNCTIONS FOR THE AUTHORITY, 
PROVIDED THAT ALL HIRING AND CONTRACTING 
SHALL COMPLY WITH SECTION 269a) OF THIS 
SUBTITLE; 

(7) BE THE DIRECT AGENT OF THE AUTHORITY, 
SO THAT ANY IMMUNITY AFFORDED TO THE 
AUTHORITY AND ITS OFHCERS, EMPLOYEES AND 
AGENTS, SHALL BE AFFORDED AS WELL TO THE 
ADMINISTRATOR; AND 

(8) HAVE FURTHER RIGHTS, POWERS AND 
AUTHORITY AS GRANTED TO IT BY THE BOARD. 



^ (B) ANY LIMITATIONS ON THE POWERS AND 

< AUTHORITY OF THE BOARD SHALL APPLY AS WELL TO 

^ THE ADMINISTRATOR IN PERFORMING THE 

^ FUNCTIONS CHARGED TO THE ADMINISTRATOR BY 

^ THIS SUBTITLE OR BY THE BOARD. 

^ (Q THE INmAL ADMINISTRATOR OF THE 

£ AUTHORITY SHALL BE THE MIDTOWN SPECL\L 



BENEFITS DISTRICT, INC., UNLESS OTHERWISE 
DETERMINED BY THE INTERIM BOARD. 

275. THE BOARD OF ESTIMATES. 

THE BOARD OF ESTIMATES SHALL HAVE THE 
FOLLOWING POWERS WITH REGARD TO THE DISTRICT 
AND THE AUTHORITY: 

(A) THE FULL BOARD PROPOSED BY THE INTERIM 
BOARD IN ACCORDANCE WITH SECTION 271 OF THIS 
SUBTITLE SHALL BE SUBJECT TO THE APPROVAL OF 
THE BOARD OF ESTIMATES. 

(B) THE FINANCUU. PLAN AND THE SCHEDULE OF 
RATES AND CHARGES SHALL BE SUBJECT TO THE 
APPROVAL OF THE BOARD OF ESTIMATES. BEGINNING 
WITH THE FINANCLU PLAN FOR FISCAL YEAR 1997, 
THE BOARD SHALL SUBMIT ALL MATERL^LS AT LEAST 



526 



Ord. 613 



2 MONTHS PRIOR TO THE PROPOSED EFFECTIVE DATE 
OF A BUDGET OR SUPPLEMENTAL TAX. 

(Q IN CONSIDERING A PROPOSED BUDGET AND 
SCHEDULE OF TAXES AND CHARGES, THE BOARD OF 
ESTIMATES SHALL NOT HAVE THE POWER TO EXCEED 
OR INCREASE EITHER THE BUDGET OR THE SCHEDULE 
OF TAXES, RATES AND CHARGES BEYOND THOSE 
PROPOSED BY THE AUTHORITY. 

(D) THE BOARD OF ESTIMATES SHALL REVIEW AND 
APPROVE THE INFITAL BY-LAWS OF THE AUTHORITY 
AND ANY PROPOSED AMENDMENTS THERETO. 

(E) THE BOARD OF ESTIMATES SHALL BE THE 
FINAL ARBITER AND DECISION MAKER REGARDING 
THE APPROVAL AND RENEWAL PROCESS FOR THE 
DISTRICT SPECIFIED IN THIS SUBTTTUE. 

276. ELECTION APPROVAL PROCESS. 

(A) EUGIBLE VOTERS: THE BOARD OF ESTIMATES, 
WITH THE ASSISTANCE OF THE INTERIM BOARD, THE 
DEPARTMENT OF FINANCE, AND THE SUPERVISOR OF 
THE BOARD OF ELECTIONS, SHALL BE RESPONSIBLE 
FOR COMPILING A LIST OF THOSE PERSONS EUGIBLE 
TO VOTE ON THE ESTABLISHMENT OF THE DISTRICT 
AND ON ANY QUESTION RELATING TO ITS RENEWAL. 

(B) THE FOLLOWING PERSONS ARE ELIGIBLE TO 
VOTE SUBJECT TO THE LIMITATIONS THAT NO 
PERSON MAY HAVE MORE THAN ONE VOTE: OWNERS 
OF PROPERTY WITHIN THE DISTRICT WHICH IS 
SUBJECT TO TAX UNDER SECTION 273; AND VOTERS 
REGISTERED TO VOTE WITHIN THE DISTRICT. 

(Q ELECTION PERIOD: A BALLOT SHALL BE 
PROVIDED TO EACH EUGIBLE VOTER REGARDING 
APPROVAL OF THE ESTABUSHMENT OF THE DISTRICT 
AND THE AUTHORITY CONSISTENT WITH THIS 
SUBTITLE. EACH BALLOT, WITH A CERTIFIED 
SIGNATURE OF THE EUGIBLE VOTER, SHALL BE 
RETURNED TO THE BOARD OF ESTIMATES, CyO OF 



527 



o 



Ord. 613 



THE COMPTROLLER'S OFFICE, WITHIN 30 DAYS OF 
THE DATE SPECIFIED ON THE BALLOT. 

CD) PERCENTAGE APPROVAL: AT THE END OF THE 
ELECTION PERIOD, THE BOARD OF ESTIMATES SHALL 
DETERMINE THE AGGREGATE VOTES CAST BY THE 
EUGIBLE VOTERS. IF THE BOARD OF ESTIMATES 
DETERMDsIES THAT AT LEAST 58% OF THE 
AGGREGATE VOTES CAST APPROVED THE 
ESTABUSHMENT OF THE AUTHORITY, THE BOARD OF 
ESTIMATES SHALL CERTIFY THE AUTHORITY AS 
APPROVED FOR OPERATION. 

-. 277. FOUR-YEAR REVIEWS. 

5 NO LATER THAN FOUR YEARS AFTER THE 

^ ENACTMENT OF THIS SUBTITLE AND EVERY FOUR 

< YEARS THEREAFTER, THE MAYOR AND CITY COUNCIL 

S SHALL HOLD ONE OR MORE PUBUC HEARINGS TO 

EVALUATE THE ACnVITIES AND UNDERTAKINGS OF 
^ THE AUTHORITY AND THE DISTRICT. AT THE 

^ CONCLUSION OF THE HEARINGS, THE MAYOR AND 

«0 CITY COUNCIL SHALL DETERMINE WHETHER THE 

£ DISTRICT IS TO CONTINUE FOR ANOTHER FOUR 

? YEARS. THIS PROCESS SHALL BE REPEATED 

PERIODICALLY TO SATISFY THE REQUIREMENTS OF 
THE ENABLING LEGISLATION. 

278. DISSOLUTION OF A DISTRICT. 

IN THE EVENT THAT THE DISTRICT AND THE 
AUTHORITY ARE EITHER NOT APPROVED THROUGH 
THE PROCESS DESCRIBED IN SEC. 276, OR ARE NOT 
RENEWED AS PROVIDED IN SECTION 277, THE 
AUTHORITY SHALL CEASE ITS OPERATIONS, AND THE 
DISTRICT SHALL CEASE TO EXIST, AT THE END OF THE 
THE CnVS FISCAL YEAR IN WHICH SUCH 
TERMINATING EVENT OCCURS. THE AUTHORITY 
SHALL CONTINUE ITS EXISTENCE ONLY SO LONG AS IS 
NECESSARY TO TERMINATE OPERATIONS IN A 
REASONABLE FASHION AND TO ARRANGE FOR THE 
REFUNDING OF ALL FUNDS NOT NEEDED TO SATISFY 
OUTSTANDING OBUGATIONS AND RESERVES FOR 



528 



2 



Ord. 613 



UNCERTAIN OBUGATIONS AND LIABIUnES. ANY 
UNSPENT FUNDS SHALL REVERT BACK TO THE CTIYS 
GENERAL FUND. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
the intent of the Council that involvement by minorities in 
the business conunvmity and in the affairs of the District 
is to be encouraged. Accordingly, Qty policies regarding 
the achievement of goals for minority and women's 
business enterprises shall apply to the District and the 
Authority, and furthermore, the Authority is encouraged 
to seek means by which greater minority involvement can 
take place with the District. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
provisions of this ordinance are severable, and if any 
provision, sentence, clause, section or part thereof is held 
illegal, invalid or imconstitutional, or inapplicable to any 
person or draunstances, such illegality, invalidity or 
unconstitutionality or inapplicability shall not affect or 
impair any of the remaining provisions, sentences, 
clauses, sections or parts of the ordinance or their 
appHcation to other persons or circumstances. It is 
hereby declared to be the legislative intent that this 
ordinance would have been adopted if such illegal, invalid 
or imconstitutional provisions, sentence, clause, section or 
part had not been included therein, or as if the person or 
circumstances to which the ordinance or any part thereof 
is inapplicable had been specifically exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on July 1, 1995. 



EXHIBIT A 



MEMBERS OF THE INFITAL INTERIM BOARD 
OF THE AUTHORITY 

FREDERICK BIERER 
JOHN BURLEIGH 
BONNIE BUTLER 



529 



Ord. 614 






JOHN DENICK 

DEBORAH DIEHL 

REV. DALE DUSMAN 

JOHN GiDwrrz 

STANLEY KEYSER 

OSBORNE PAYNE 

DR. H. MEBANE TURNER 

DR. GARY VIKAN 



Approved July 18, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 614 
(CoiincU Bill No. 1235) 
AN ORDINANCE concerning 

PARENTAL RESPONSBILITY - CURFEW 



CO 

Ui FOR the purpose of resolving a conflict between 

^ amendments enacted by Ordinance 418, 1994 and 

• Ordinance 419, 1994, and making certain technical 

corrections. 

BY repealing and reordaining without amendments 
Article 19 - Police Ordinances 
Subtitle - Parental ResponsibiHty - Curfew 
Section 92(b), 95(a) and (b) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Parental ResponsibiHty - Curfew 
Section 92(d), 93, 94, 96 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



530 



I 



Ord. 614 



BY adding 

Article 19 - Police Ordinances 
Subtitie - Parental Responsibility - Curfew 
Section 95(c), 96A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, According to statistics provided by the 
Baltimore Gty Police Department, the nimiber of minors 
shot in Baltimore Gtv iimiped from 179 in 1988 to 542 in 
1993; the number of minors detained for distribution of 
narcotics jumped during the same period from 666 to 
1.665; and the nimiber of children killed by gunfire 
jumped during that time period from 26 to 42. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE - 19 POUCE ORDINANCES 

Parental Responsibility - Curfew 

92. Definitions. 

In this subtitie the following definitions apply: 

(b) Minor. Any person under the age of 17 years. 

(d) Parent. Any natural parent of a minor, a 
guardian, or any person, [21] 18 years of age or over, 
LEGALLY responsible for the care and custody of a minor; 

93. Unlawful conduct of minors. 

(a) No minor shall remain in or upon any public place 
or any establishment between the hours of 12:00 
midnight Friday and 6:00 a.m. Saturday, or between the 
hours of 12:00 midnight Saturday and 6:00 a.m. Sunday, 
official dty time, or between the hours of 11:00 p.m. and 



531 



Ord. 614 



6:00 a.m. of the following day, on any oxher day of the 
week. 

(b) Th e provisionc of Section 93(a) chall not apply to 
any minor accompani e d by a parent, adult rolativoj or 
oth e r j> e r6on ov e r th e ag e of 31 yearc or to a minor upon 
an e rrand dir e ct e d by such minor's parent^ or to a minor 
att e nding a cultural^ scholastic} athl e tic, or r e cr e ational 
acti\qty sup e rvised by a bona fid e organization} or to any 
^ flor who is e ngag e d in gainful lawful e mployment 
during the cmf e w hoursi 

THE PROVISIONS OF SECTION 93 fA) SHALL NOT 
APPLY TO A MINOR: 

Q 

2K £12 ACCOMPANIED BY THE MINOR'S PARENT 

5 OR GUARDL^N: 

< £21 ON AN ERRAND AT THE DIRECTION OF 

* THE MINOR'S PARENT. WITHOUT ANY 

^ DETOUR OR STOP: 

fc I3i IN A MOTOR VEHICLE INVOLVED IN 



CO 



2? 



INTERSTATE TRAVEL: 



111 ENGAGED IN AN EMPLOYMENT ACnVITY. 
Z OR GOING TO OR RETURNING HOME 

FROM AN EMPLOYMENT ACnVITY. 
WITHOUT ANY DETOUR OR STOP: 

£51 INVOLVED IN AN EMERGENCY; 

iSl ON THE SIDEWALK ABUTTING THE 

MINOR'S RESIDENCE OR ABUTTING THE 
RESIDENCE OF A NEXT-DOOR NEIGHBOR 
IF THE NEIGHBOR DID NOT COMPLAIN TO 
THE POUCE DEPARTMENT ABOUT THE 
MINOR'S PRESENCE: 

£2 ATTENDING AN OFHCLU SCHOOL 

RELIGIOUS OR OTHER RECREATIONAL 
ACTIVITY SUPERVISED BY ADULTS AND 
SPONSORED BY THE CITY OF BALTIMORE, 



532 



Ord. 614 



A CIVIC ORGANIZATION, OR ANOTHER 
SIMILAR ENTITY THAT TAKES 
RESPONSroiLITY FOR THE MINOR, OR 
GOING TO OR RETURNING HOME FROM, 
WITHOUT ANY DETOUR OR STOP. AN 
OFHCIAL SCHOOL RELIGIOUS. OR OTHER 
RECREATIONAL ACnVITY SUPERVISED BY 
ADULTS AND SPONSORED BY THE CITY OF 
BALTIMORE. A CIVIC ORGANIZATION. OR 
ANOTHER SIMILAR ENTITY THAT TAKES 
RESPONSroiLITY FOR THE MINOR: 

181 EXERQSING FIRST AMENDMENT RIGHTS 
PROTECTED BY THE UNITED STATES 
CONSTITUTION. SUCH AS THE FREE 
EXERQSE OF RELIGION. FREEDOM OF 
SPEECH. AND THE RIGHT OF ASSEMBLY: 

121 MARRIED OR HAD BEEN MARRIED. 

(€> {Bl No minor between the ages of 6 to 16 years, 
inclusive, shall remain in or about any public place or any 
establishment between the hours of 9:00 a.m. and 2:30 
p.m. any day during which said minor is required to be in 
school imless he has written proof from school authorities 
excusing him from attendance at that particular time or 
unless accompanied by a parent [or guardian] or a person 
21 years of age or older. 

94. Unlawful conduct of parents. 

(a) It shall be unlawful for the parent [, guardian, or 
other person having custody or control] of any minor 
[between the ages of 13 and 16 years, inclusive,] to 
knowingly permit or, by insufficient control, to allow such 
minor to be in or upon any public place or any 
establishment between the hours of 12:00 midnight 
Friday and 6:00 a.m. Saturday, or between the hours of 
12:00 midnight Saturday and 6:00 a.m. Sunday, or 
between the hours of 11:00 p.m. and 6:00 a-m. of the 
following day, on any other day of the week. 



533 






Ord. 614 



(b) It shall be unlawful for the parent [, guardian, or 
other person having custody or control] of any minor 
between the ages of 6 and 16 years, inclusive, to 
knowingly permit or, by insufficient control, to allow such 
minor to be in or upon any public place or any 
establishment between the hours of 9 a.m. and 2:30 p.m. 
of any day during which the minor is required to be in 
school. 

(c) The provisions of this Section 94 are to be read in 
conjunction with the provisions of Section 93 [(b)]. 

95. Unlawful conduct of owners or operators of 
establishments. 



(a) No operator of an establishment or his agents or 

employees shall knowingly permit any minor to remain 

^ upon the premises of said establishment between the 

2 hours of 12:00 midnight Friday and 6:00 a.m. Saturday, 

* or between the hours of 12:00 midnight Saturday and 

Q 6:00 a-m. Sunday, official city time, or between the hours 

>» of 11:00 p.m. and 6:00 a.m. of the following day, on any 

b other day of the week. 

10 

^ (b) No operator of an establishment or his agents or 

5 employees shall knowingly permit any minor between the 

• ages of 6 and 16 years, inclusive, to remain upon the 

premises of said establishment between the hours of 9:00 
a.m. and 2:30 p.m. during any school day unless he has 
written proof from school authorities excusing him from 
attendance at that particular time or unless accompanied 
by a parent [or guardian] or a person 21 years of age or 
older. 

(Q THE PROVISIONS OF THIS SECTION 95 ARE TO 
BE READ IN CONJUNCTION WITH THE PROVISIONS OF 
SECTION 93. 

96. Enforcement and penalties. 

(a) Any police ofificer who finds a minor violating any 
provision of Section 93 shall obtain information from such 
minor as to his name and address, age, and the name of 



534 



Ord. 614 



his parent or parents. The minor shall [either] be taken 
to the minor's [home or to an appropriate juvenile 
holding facihty.] SCHOOL DURING SCHOOL HOURS, OR 
TO THE MINOR'S HOME IF APPROPRL\TE. IF NOT 
DURING SCHOOL HOURS, THE MINOR SHALL BE 
TAKEN TO THE MINOR'S HOME. IF THE POUCE 
OFFICER DETERMINES THAT THERE IS NO PARENT OR 
NO ADULT BROTHER, SISTER, AUNT, UNCLE, OR 
GRANDPARENT PRESENT AT THE HOME TO TAKE 
CHARGE OF THE MINOR, THE POUCE OFFICER SHALL 
TAKE THE MINOR TO AN APPROPRL\TE JUVENILE 
HOLDING FACDLnY. IN NO EVENT SHALL A MINOR BE 
DETAINED FOR MORE THAN 24 HOURS IF 
CHARGED SOLELY WITH VIOLATION OF THE 
PROVISIONS OF THIS SUBTITLE. 

(1) (D When the [child] MINOR is taken to a 
juvenile holding facility, the parent [, lawful guardian, 
or other adult person having care or custody of the 
minor,] OR AN ADULT BROTHER, SISTER, AUNT, 
UNCLE, OR GRANDPARENT, shall be notified to come 
and take charge of the minor. 

(ID IF THE MINOR REMAINS IN THE 
JUVENILE HOLDING FAdLITY FOR 8 HOURS, THE 
POUCE DEPARTMENT SHALL NOTIFY THE 
MARYLAhJD DEPARTNffiNT OF JUVENILE SERVICES 
THAT THE POUCE DEPARTMENT HAS IN ITS 
CUSTODY A CHILD IN MF IFD OF SUPERVISION. 

IF THE PARENT OR AN ADULT BROTHER, 
SISTER, AUNT, UNCLE OR GRANDPARENT CANNOT 
BE LOCATED OR FAILS TO COME AND TAKE 
CHARGE OF THE MINOR, THE MINOR AND THE 
PARENT SHALL BE SUBJECT TO THE PENALTIES SET 
FORTH IN SECTION 96rAKlKID HEREOF. 

(m) THE FERST AND THE SECOND TIME A 
MINOR IS DELIVERED, WHETHER AT THE MINOR'S 
HOME TO A PERSON REFERRED TO IN PARAGRAPH 
(D ABOVE, OR TO A JUVENILE HOLDING FACILITY, 
THE MI^JQR'S PARE^JT SHALL BE ISSUED A 
WAR^JI^JG NOTICE. UPON THE THIRD VIOLATION, 



535 



Ord. 614 



THE PARENT SHALL BE ISSUED A $50 CITATION, 
AND UPON A>JY SUBSEQUENT VIQL\TIQN, THE 
PARENT SHALL BE SUBJECT TO ONE OR MORE OF 
THE FOLLQVWJG DvJ THE DISCRETION OF THE 
COURT; A FINE NOT TO EXCEED $300 AND COSTS; 
IMPRISONMENT I^J THE CITY JAIL FOR NOT MORE 
THi^N 60 DAYS; WORK ON THE PUBUC STREETS OR 
ON PUBLIC WORKS OF THE CITY FOR NOT MORE 
THAN 60 DAYS, 

CID AT THE TIME A MINOR IS DELIVERED TO 
A PARENT OR GUARDL^^ AT THE HOME OF THE 
MINOR OR AT THE JUVENILE HOLDING CENTER 
FOR THE FIRST TIME, A PARENT OR GUARDL^N 
Q SHALL BE ISSUED A $50 CITATION. UPON ANY 

" SUBSEQUENT CONVICTION, A PARENT OR 

GUARDIAN SHALL BE SUBJECT TO ONE OR MORE 



<C 



cc 



2? 

2 



OF THE FOLLOWING IN THE DISCRETION OF THE 



5 COURT: A FINE NOT TO EXCEED $300 AND COSTS: 

« IMPRISONMENT IN THE CITY JAIL FOR NOT MORE 

O THAN 60 DAYS: WORK ON THE PUBLIC STREETS OR 

>. ON PUBLIC WORKS OF THE CITY FOR NOT MORE 

fc: THAN 60 DAYS. 

CO 



(IV) FOR EACH OF THE FIRST THREE TIMES A 
MINOR IS DELIVHERED TO THE JU\^JILE HOLDI>JG 
FACILITY, IF NO^JE OF THE PERSONS LISTED IN 
PARa^GRAPH I ABOVE COME TO THE JUVENILE 
HOLDI^JG Fx^CILITY TO TAKE CHARGE OF THE 
MINOR WITHIN THE 8 HOUR PERIOD REFERRED -^FQ 
D^J PARAGRAPH U ABOVE, THE PARENT OF THE 
MINOR SHALL BE ISSUED THE $50 CITATION. FOR 
Ei^CH OF THE FIRST THREE TIMES THE 8 HOUR 
PERIOD EXPIRES AND THE MDvJOR REMAINS IN THE 
JUVHENILE HOLDI>JG FACILITY, THE Pi^RENT OF THE 
MI^JQR SHALL BE ISSUED AN ADDITIONAL 
CITATION OF $75. 

[(2) If the parent, lawful guardian or other adult 
person referred to above cannot be located or fails to 
come and take charge of the minor, the minor and the 
parent, lawful guardian or other adult person referred 



536 



Ord. 614 



to above shall be subject to the penalties set forth in 
subsection (b) hereof.] 

(2) WHENEVER THE MINOR IS TAKEN TO 
SCHOOL, THE SCHOOL SHALL NOTIFY THE PARENT 
REGARDING THE MINOR'S VIOLATION OF THE 
. PROVISIONS OF THIS SUBTITLE, AND THE SCHOOL 
SHALL TAKE APPROPRL\TE MEASURES TO REDUCE 
THE PROBABILITY THAT THE MINOR WILL COMMIT 
A SUBSEQUENT VIOLATION OF A PROVISION OF 
THIS SUBTITLE. 

[(b) At the time a minor is delivered to a parent or 
guardian at the home of the minor or at the juvenile 
holding center for the first time, a parent or guardian 
shall be issued a $50 citation. Upon any subsequent 
conviction, a parent or guardian shall be subject to one or 
more of the following in the discretion of the court: a fine 
not to exceed $300 and costs; imprisonment in the Qty 
Jail for not more than 60 days; work on the public streets 
or on public works of the dty for not more than 60 days.] 

[(c)] (B) Notice is presumed to be received by a 
parent if it is deposited in a depository for mailing United 
States Mail properly addressed and with the proper first- 
class postage paid. Such mailing may be shown by the 
records of the sending agency made in the regular coiuse 
of its business. 

[(d)] (Q Any operator of an establishment and any 
agents or employees of any operator who shall violate the 
provisions of Section 95 may be fined not less than $50 
nor more than $500 for each violation, and may be 
imprisoned for not more than 15 days if the fine is not 
paid. 

[(e)] (D) The terms of payment of any fine and of 
conmiitment in default of such payment are subject to 
Article 38 of the Annotated Code of Maryland (1957) 
which supersedes any inconsistent provision of this 
section to the extent of the inconsistency. 



537 



Ord. 615 



[(0] (E) Each violation of the provisions of this 
subtitle shall constitute a separate offense. 

CF) DETENTION OF A MINOR UNDER THIS SUBTITLE 
SHALL NOT BE CONSIDERED AN ARREST AND SHALL 
NOT CREATE A CRIMINAL RECORD FOR THE MINOR 
UNDER STATE LAW. 

96A. CONTINUING EVALUATION. 

THE MAYOR AND CITY COUNCIL SHALL CONTINUE 
EVALUATING AND UPDATING THIS SUBTITLE 
THROUGH METHODS INCLUDING BUT NOT LIMITED 
TO: 

Q 

g iAl WITHIN 6 MONTHS AFTER THE DATE OF 

-4 THIS ORDINANCE, THE POUCE COMMISSIONER SHALL 

^ REPORT TO THE MAYOR AND CITY COUNCIL ON THE 

^ EFFECT OF THIS ORDINANCE ON CRIMES COMMITTED 



£ 



CO 

I 

2 



BY AND AGAINST MINORS. AND OF THE NUMBER OF 
WARNINGS ISSUED AND ARRESTS OF MINORS. 
PARENTS, AND OPERATORS HEREUNDER. AND SUCH 
OTHER INFORMATION AS THE MAYOR AND CITY 
COUNCIL MAY REQUEST. 

m ON A REGULAR BASIS. THE MAYOR AND CITY 
COUNCIL SHALL RECEIVE INFORMAL REPORTS OF ALL 
EXCEPTIONAL CASES HEREUNDER AND ADVISORY 
OPINIONS FOR CONSIDERATION IN FURTHER 
UPDATING AND CONTINUING EVALUATION OF THIS 
SUBTITLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day aft e r the date 
of its enactment. 

Approved July 27, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 615 



538 



Qrd. 615 



(Council Bill No. 1147) 

AN ORDINANCE concerning 

MAYOR'S TASK FORCE ON COMMUNITY 
COLLABORATION TO OVERCOME VIOLENCE 

FOR the purpose of establishing the Mayor's Task Force 
on Community Collaboration to Overcome Violence; 
providing for membership and organization of the 
Task Force; providing for duties; providing for certain 
reports; providing for a director and staff; and 
generally relating to the establishment of the Mayor's 
Task Force on Community Collaboration to Overcome 
Violence. 

BY adding 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Section 266 - 272, inclusive, to be under the new 

subtitle "Mayor's Task Force on Commimity 

Collaboration to Overcome Violence" 
Baltimore Qty Code (1983 Replacement Volimie, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Gty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND 
MUNICIPAL AGENCIES 

MAYOR'S TASK FORCE ON COMMUNITY 
COLLABORATION TO OVERCOME VIOLENCE 

266. PURPOSE. 

(A) IT IS THE PURPOSE OF THIS SUBTITLE TO: 



539 



Ord. 615 



(1) REVIEW AND UNDERSTAND THE ISSUE OF 
INDIVIDUAL, FAMILY, COMMUNITY, CRIMINAL, AND 
SOCIETAL VIOLENCE IN BALTIMORE CITY; 

(2) EXAMINE THE CAUSES OF VIOLENCE; 

(3) CONSIDER METHODS TO PREVENT THE 
DIFFERENT TYPES OF VIOLENCE; 

(4) ESTABUSH SYSTEMS TO DELIVER EXISTING 
SOCLU, GOVERNMENTAL, AND ECONOMIC 
RESOURCES TO RELIEVE CONDITIONS THAT MAY LEAD 
TO VIOLENCE; 

Q (5) PROVIDE INFORMATION, EDUCATION, AND 

ST. 






ASSISTANCE TO COMMUNITIES, BUSINESSES, AND 
GOVERNMENT ABOUT PROGRAMS THAT PREVENT 



^ VIOLENCE; AND 

<: 

* (6) GENERALLY ADDRESS THE NEED TO 

O DEVELOP THE WELL BEING OF THE CITIZENS OF 

>- BALTIMORE CITY IN ORDER TO ELIMINATE VIOLENCE 

fc AS A MEANS OF CONFUCT RESOLUTION. 



267. DEFINITIONS. 

(A) AS USED IN THIS SUBTITLE THE FOLLOWING 
TERMS HAVE THE MEANINGS INDICATED UNLESS 
THEIR CONTEXT CLEARLY INDICATED OTHERWISE. 

(1) TERSON" MEANS AN INDIVIDUAL, RECEIVER, 
TRUSTEE, GUARDIAN, PERSONAL REPRESENTATIVE, 
FIDUCL\RY, OR REPRESENTATIVE OF ANY KIND AND 
ANY PARTNERSHIP, FIRM, ASSOCIATION, 
CORPORATION, OR OTHER ENTITY. 

(2) "crrr means the mayor and city 

COUNCIL OF BALTIMORE, THE BODY CORPORATE AS 
ESTABUSHED BY THE CHARTER OF BALTIMORE CITY 
(1964 REVISION, AS AMENDED). 



540 



Ord. 615 



(3) TASK FORCE" MEANS THE MAYOR'S TASK 
FORCE ON COMMUNITY COLLABORATION TO 
OVERCOME VIOLENCE. 

(4) "VIOLENCE" MEANS THE HARMFUL USE OF 
PHYSICAL OR EMOTIONAL FORCE BY AN INDIVIDUAL 
OR GROUP AGAINST ANOTHER; ALSO THE CREATION 
AND/OR MAINTENANCE OF CONDITIONS THAT l£A& 
TO THE DEGRADATION OF DEGRADE INDIVIDUALS, 
FAMILIES, GROUPS, OR COMMUNITIES. 

268. TASK FORCE ESTABUSHED. 

THERE IS A MAYOR'S TASK FORCE ON COMMUNITY 
COLLABORATION TO OVERCOME VIOLENCE. 

269. SAME; MEMBERSHIP, PROVISIONS. 

(A) MEMBERSHIP. THE TASK FORCE SHALL 
CONSIST OF SS 2Z MEMBERS. 

(1) 45 16 MEMBERS SHALL BE APPOINTED BY 
THE MAYOR PURSUANT TO ARTICLE IV, SECTION 6 OF 
THE BALTIMORE CITY CHARTER (1964 REVISION, AS 
AMENDED): 

(D 3 MEMBERS SHALL BE NON-PROFIT OR 
PUBUC COMMUNITY SOOAL WORKERS; 

(ID 1 MEMBER SHALL BE A REPRESENTATIVE 
OF A COMMUNITY ORGANIZATION; 

(in) 1 MEMBER SHALL BE A REPRESENTATIVE 
OF THE BUSINESS COMMUNITY; 

(IV) 1 MEMBER SHALL BE A SENIOR CITIZEN; 

(V) 1 MEMBER SHALL BE A COMMUNITY 
PSYCHL\TRIC NURSE, NURSE PRACnTIONER, OR A 
PHYSICL^N; 

(VQ 1 MEMBER SHALL BE A PUBLIC 
ASSISTANCE CLIENT; 



541 



Ord. 615 



CVID 1 MEMBER SHALL BE A VICTIM OF 
VIOLENCE; 

CVIID 1 MEMBER SHALL BE A FAMILY 
MEMBER OF A VICTIM OF VIOLENT CRIME; 

(DO 1 MEMBER SHALL BE AN EX-OFFENDER; 

(X) 1 MEMBER SHALL BE A COMMUNITY 
PUBUC SCHOOL TEACHER x: AND 

CXD 3 REPRESENTATIVES FROM THE 

BALTIMORE CITY RELIGIOUS COMMUNITY, 

Q INCLUDING 1 REPRESENTATIVE FROM THE 

g INTERDENOMINATIONAL MINISTERLU 

5 ALLL^CE. 

>- 

or 

<: (2) REPRESENTATIVES FROM THE FOLLOWING 

CITY AGENCIES SHALL SERVE AS MEMBERS OF THE 

TASK FORCE WHO SHALL SERVE EX OFFICIO: 



^* 



tr (DA MAYOR^S REPRESENTATIVE; 

CO 

cc 

^ (H) A REPRESENTATIVE OF THE CITY 

r; COUNCIL; 

CUT) POUCE DEPARTMENT - A COMMUNITY 
RELATIONS OFHCER; 

(IV) HEALTH DEPARTME>rr A MENTAL 
HEALTH SPECL^LIST COMMISSIONER OR 
REPRESENTATIVE DESIGNATED BY THE 
COMMISSIONER ; 

(V) COMMISSION ON AGING AND 
RETIREMENT EDUCATION; 

(VD BALTIMORE DEVELOPMENT 
CORPORATION; 

(IV) OFHCE OF EMPLOYMENT 

DEVELOPMENT; 



542 



Ord. 615 

(V) DEPARTMENT OF PLANNING; 

(VD DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT; 

(Vn) CIVIL SERVICE COMMISSION; 

CVnO LAW DEPARTMENT; 

(DO COMMUNITY RELATIONS COMMISSION; 

(X) DEPARTMENT OF EDUCATIONr; 

CXn A REPRESENTATIVE FROM THE 

MAYOR^S INTERAGENCY TASK FORCE 
ON YOUTH VIOLENCE PREVENTION: 
AND 

OQD A REPRESENTATIVE FROM THE 

BALTIMORE CITY DEPARTMENT OF 
SOCIAL SERVICES. 

(B) Cmr COUNCIL DISTRICTS. OF THE MEMBERS 
APPOINTED UNDER SUBSECTION (A)(1), 1 SHALL BE 
APPOINTED FROM EACH OF THE 6 COUNCILMANIC 
DISTRICTS. 

CO RESIDENTS. MEMBERS APPOINTED BY THE 
MAYOR SHALL BE RESIDENTS OF BALTIMORE CITY. 

(D) TERMS. MEMBERS SHALL SERVE FOR A 4 YEAR 
TERM CONCURRENT WITH THE MAYOR'S TERM OF 

opncL 

(E) COMPENSATION. MEMBERS SHALL SERVE 
WTTHOCT COMPENSATION. 

(F) VACANCIES. 

(1) AT THE END OF A TERM AN APPOINTED 
MEMBER SERVES UNTIL A SUCCESSOR IS APPOINTED. 



543 






Ord. 615 



(2) A MEMBER WHO IS APPOINTED AFTER A 
TERM HAS BEGUN SERVES OUT THE REST OF THE 
TERM AND UNTIL A SUCCESSOR IS APPOINTED AND 
QUALIFIES. 

(G) MEETINGS; QUORUM. THE TASK FORCE SHALL 
MEET ON THE CALL OF THE MAYOR OR CHAIR AS 
FREQUENTLY AS REQUIRED TO PERFORM ITS DUTIES, 
BUT NOT LESS THAN 6 TIMES EACH YEAR. A 
MAJORITY OF THE MEMBERS OF THE TASK FORCE 
SHALL CONSTITUTE A QUORUM FOR THE 
TRANSACTION OF BUSINESS, AND AN AFFIRMATIVE 
VOTE BY THE MAJORITY OF A QUORUM SHALL BE 
SUFFICIENT FOR ANY OFFICLU ACTION. 

(H) RULES. THE TASK FORCE MAY ADOPT RULES 
TO GOVERN ITS MEETINGS AND OPERATIONS WHICH 
SHALL BE FILED WITH THE DEPARTMENT OF 



or 

<: LEGISLATIVE REFERENCE. 

:e 

O (D FAILURE TO ATTEND MEETINGS. ANY MEMBER 

>. WHO IS ABSENT FROM MORE THAN 25% OF THE 

tr SCHEDULED REGULAR MEETINGS, NOT COUNTING 

2 ABSENCES EXCUSED BY THE CHAIR, DURING ANY 6 

^ MONTH PERIOD, SHALL BE CONSIDERED BY THE 

J MAYOR TO HAVE RESIGNED. 

(J) OFHCERS. THE MAYOR SHALL DESIGNATE AN 
APPOINTED MEMBER AS CHAIR OF THE TASK FORCE. 
THE TASK FORCE MAY SELECT OTHER OFHCERS. 

(K) COMMITTEES. THE CHAIR OF THE COMMISSION 
MAY APPOINT COMMITTEES TO CARRY OUT THE 
FUNCTIONS AND DUTIES OF THE COMMISSION. 

a) REPRESENTATIVES OF STATE AND FEDERAL 
AGENCIES AND OTHER ORGANIZATIONS THAT SERVE 
THE INTERESTS OF THE DISABLED IN BALTIMORE CITY 
SHALL BE INVITED BY THE COMMISSION TO 
PARTICIPATE IN COMMISSION MEETINGS. 



i 



544 



Ord. 615 



270. DUTIES. 

(A) THE COMMISSION SHALL: 

(1) REVIEW AND UNDERSTAND THE ISSUE OF 
INDIVIDUAL, FAMILY, COMMUNITY, CRIMINAL, AND 
SOCIETAL VIOLENCE IN BALTIMORE CITY; 

(2) EXAMINE THE CAUSES OF VIOLENCE; 

(3) CONSIDER METHODS TO PREVENT THE 
DIFFERENT TYPES OF VIOLENCE; 

(4) RECOMMEND SYSTEMS TO DELIVER 
EXISTING SOCIAL, GOVERNMENTAL, AND ECONOMIC 
RESOURCES TO RELIEVE CONDITIONS THAT MAY LEAD 
TO VIOLENCE; 

(5) PROVIDE INFORMATION, EDUCATION, AND 
ASSISTANCE TO COMMUNITIES, BUSINESSES, 
GOVERNMENT, AND INDUSTRIES ABOUT PROGRAMS 
THAT PREVENT VIOLENCE; 

(6) ASSIST IN THE IDENTIHCATION, 
ESTABLISHMENT, AND EVALUATION OF ALL CITY 
PROGRAMS AND SERVICES THAT AFFECT VIOLENCE 
PREVENTION; 

(7) RECOMMEND MODIFICATION OF SERVICES 
OR NEW SERVICES FOR THE PREVENTION OF 
SITUATIONS THAT COULD LEAD TO VIOLENCE; 

(8) COOPERATE WITH INTERESTED CITIZENS, 
GENERAL COMMUNITY, BUSINESS, PROFESSIONAL, 
TECHNICAL, EDUCATIONAL AND CIVIC 
ORGANIZATIONS IN FURTHERING THE VIOLENCE 
PREVENTION PROGRAMS; 

(9) COORDINATE WITH OTHER JURISDICTIONS 
ON SHARING VIOLENCE PREVENTION STRATEGIES 
AND INFORMATION; 



545 



Ord. 615 



(10) COOPERATE AND COLLABORATE WITH ALL 
MUNICIPAL AGENCIES, INCLUDING THE DIVISION OF 
SAFETY WITHIN THE CIVIL SERVICE COMMISSION AND 
THE COMMUNITY RELATIONS COMMISSION, TO AVOID 
DUPUCATION OF EFFORTS; 

(11) COMPILE AND PROVIDE INFORMATION TO 
THE RESIDENTS, COMMUNITY ORGANIZATIONS, AND 
BUSINESSES OF THE CITY, THE MAYOR'S OFHCE, THE 
CITY COUNCIL AND VARIOUS OFHCES OF THE CITY, 
STATE AND FEDERAL GOVERNMENT ON MATTERS 
INVOLVING METHODS AND STRATEGIES FOR 
RECOGNIZING AND PREVENTING VIOLENCE; 

Q (12) RECOMMEND TO THE MAYOR CITY, STATE, 

AND FEDERAL PROGRAMS OR LEGISLATION TO 
PROMOTE VIOLENCE PREVENTION AS A MEANS OF 
CONFUCT RESOLUTION; 



<C 



or 



CO 

cc 



(13) WORK TO ASSURE THAT INFORMATION 
AND REFERRAL NEEDS ARE MET AND THAT 
INFORMATION ABOUT CITY PROGRAMS IS 
DISSEMINATED; 

(14) HOLD A PUBUC FORUM AT LEAST YEARLY 
TO GIVE COMMUNITIES AN OPPORTUNITY TO VOICE 
THEIR CONCERNS REGARDING VIOLENCE AND THE 
EFFECTIVENESS OF VIOLENCE PREVENTION 
PROGRAMS AND TO MAKE RECOMMENDATIONS TO 
THE TASK FORCE; 

(15) ASSIST IN THE COORDINATION OF STATE 
AND FEDERAL PROGRAMS AND SERVICES AVAILABLE 
TO THE OTY, BUSINESS, AND INDUSTRY TO PREVENT 
VIOLENCE; AND 

(16) COORDINATE ECONOMIC DEVELOPMENT 
OPPORTUNITIES TO THAT MAY BE AVAILABLE FOR 
THOSE CITIZENS AND COMMUNITIES IN NEED OF 
VIOLENCE PREVENTION; AND 

(17) DEVELOP AN INFORMATION PROGRAM FOR 
THE MEDIA TO DISSEMINATE PRACTICES, METHODS, 



546 



Ord. 615 



AND PROCEDURES TO BE FOLLOWED TO AVOID 
VIOLENCE; AND 

(18) GENERALLY ADDRESS THE NEED TO 
DEVELOP ASSIST IN THE DEVELOPMENT OF THE WELL 
BEING OF THE CITIZENS OF BALTIMORE CITY IN 
ORDER TO ELIMINATE VIOLENCE AS A MEANS OF 
CONFUCT RESOLUTION. 

271. STAFF. 

(A) THE DIRECTOR OF THE Mx\YOR^S 
COORDINATING COUNCIL ON CRIMINAL JUSTICE 
SHALL PROVIDE ADMINISTRATIVE SUPPORT FOR THE 
TASK FORCE. 

(B) ADDITIONAL (A) STAFF MAY BE EMPLOYED IN 
ACCORDANCE WITH THE ORDINANCE OF ESTIMATES. 

4Q ISl THE TASK FORCE MAY EXPEND FUNDS 
AUTHORIZED IN THE ORDINANCE OF ESTIMATES OR 
ANY SUPPLEMENTAL APPROPIUATIONS. 

272. REPORTS. 

THE TASK FORCE SHALL SUBMIT AN ANNUAL 
REPORT TO THE MAYOR AND CITY COUNCIL WITHIN 2 
MONTHS OF THE END OF THE FISCAL YEAR. THE 
TASK FORCE SHALL SUBMIT REPORTS ON SPECIFIC 
SUBJECTS REGARDING VIOLENCE AT THE REQUEST OF 
THE MAYOR, CITY COUNCIL, OR MUNICIPAL 
AGENCIES. A COPY OF ALL REPORTS SHALL BE FILED 
WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved August 17, 1995 

KURT L. SCHMOKE, Mayor 



547 



Ord. 616 

CITY OF BALTIMORE 

ORDINANCE NO. 616 

(Council BiU No. 1135) 

AN ORDINANCE concerning 

NAMING OTY PROPERTY - KATYN MEMORIAL 

FOR the purpose of naming the circle at the intersection 
of Pr e cidont Albemarle and Aliceanna Streets the 
Katyn Memorial Place. 

Q BY authority of 

^ Article 1 - Mayor, Qty Coimcil, and Municipal 

•J Agencies 

C^ Subtide - Naming Qty Property 

S Section 229 

Baltimore Qty Code (1983 Replacement Voliune, as 
amended) 



£ 



:t 



fc SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

2c CITY COUNCIL OF BALTIMORE, That the circle located at 

Sj the intersection of President Albemarle and Aliceanna 

^ Streets be and it is hereby named the Katyn Memorial 

Place. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved August 18, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 617 
(Council Bill No. 1266) 
AN ORDINANCE concerning 

548 



Ord. 617 



ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT - 1215-1225 CHATHAM STREET 

AND 2023-2037 MURA STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties known as 
1215-1225 Chatham Street and 2023-2037 Mura 
Street, as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 

Article 30 - Zoning 
Section(s) 4-8-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties known as 1215-1225 Chatham Street and 
2023-2037 Mura Street, as outlined in red on the plats 
accompanying this ordinance, imder the provisions of 
Section(s) 4-8-ld-3 and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volmne, as 
amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Conmiissioner of the Department of 
Housing and Commimity Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 



549 



CO 

oc 



Ord. 618 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved October 11, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 618 
(Council Bill No. 1231) 



Q AN ORDINANCE concerning 

5 CITY PROPERTY - SALE - TWO 14 FOOT ALLEYS 

>- 
fir 
^ FOR the purpose of authorizing the Mayor and Qty 

^ Council of Baltimore to sell, at either pubUc or private 

^ sale, all of the interest of the Mayor and Gty Council 

^ of Baltimore in and to certain parcels of land no 

longer needed for highway or other pubHc use and 

known as two 14 foot alleys located, north of 
^ Wyndhurst Avenue, between Blythewood Road and 

2 Lawndale Avenue, (1) extending from Lawndale 

• Avenue easterly 90.1 feet, more or less, and (2) 

extending from the southwest outline of No. 5114 N. 

Charles Street southerly 191.1 feet, more or less. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public of private sale, in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to certain parcels of land no 
longer needed for highway or other public use and known 



550 



Ord. 618 



as two 14 foot alleys located north of Wyndhurst Avenue, 
between Blythewood Road and Lawndale Avenue, in the 
Gty of Baltimore, and described as follows: 

Beginning for Parcel No. 1 at the point formed by 
the intersection of the south side of an alley, 14 feet 
wide, laid out 200 feet north of Wyndhurst Avenue, 50 
feet wide, and the east side of Lawndale Avenue, 50 feet 
wide, and running thence binding on the east side of said 
Lawndale Avenue, North 09** 50' 23" West 14.04 feet to 
intersect the north side of said alley; thence binding on 
the north side of said alley, North 84* 21' 55" East 90.56 
feet to intersect the line of the division line between the 
properties known as No. 5001 Lawndale Avenue and No. 
304 Wyndhurst Avenue, if projected northerly; thence 
binding reversely on said line so projected. South 05* 40' 
49" East 14.00 feet to intersect the south side of said alley 
and thence binding on the south side of said alley. South 
84* 21' 55" West 89.55 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by 
the intersection of the west side of an alley, 14 feet wide, 
laid out in the rear of the property known as No. 5009 
Lawndale Avenue, and the southwest outline of the 
property known as No. 5114 N. Charles Street, said point 
of beginning being distant South 74* 47* 04" East 164.70 
feet measiured along the southwest outline of last said 
property from the east side of Lawndale Avenue, 50 feet 
wide, and running thence binding on the southwest 
outline of last said property and on the northernmost 
extremity of said alley. South 74* 47' 04" East 15.45 to 
intersect the east side of said alley; thence binding on the 
east side of said alley. South 09* 50' 23" East 187.84 feet 
to the division line between the property known as No. 
5008 Blythewood Road and the property known as No. 
5006 Blythewood Road; thence binding on the line of the 
division line between last said properties if projected 
westerly, South 80* 02' 41" West 14.00 feet to intersect 
the west side of said alley and thence binding on the west 
side of said alley, North 09* 50' 23" West 194.41 feet to 
the place of beginning. 



551 



or 

<: 






Ord. 619 



All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control SystenL 

Subject to an easement for municipal utilities and 
services for all utilities not to be abandoned. 

Said property being no longer needed for pubUc use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith imtil the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved October 31, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



fc ORDINANCE NO. 619 

CO 



(Council BiU No. 1241) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 129 

For the purpose of consenting to and approving a Petition 
for the extension of the Metropolitan District of 
Baltimore County to a tract of land consisting of 
29.539 acres in the Eighth Election District of 
Baltimore County located in the vicinity north of 
Warren Road and east of Howard Avenue, District 8C3 
(Willowbrook), and in accordance with the provisions 
of Chapter 539 of the Acts of the General Assembly of 
Maryland of 1924, as amended by Chapter 515 of the 
Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 



552 



Ord. 620 



extension of the Metropolitan District of Baltimore County 
to a tract of land in the Eighth Election District of 
Baltimore Comity located in the vicinity north of Warren 
Road and east of Howard Avenue, District 8C3 
(Willowbrook), more particularly shown on a plat filed in 
the Department of Public Works of Baltimore Coimty 
numbered Extension 129, is in accordance with the 
authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved October 31, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 620 

(Council Bill No. 1264) 

AN ORDINANCE concerning 

• ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 1726 E. PRATT STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the property known as 1726 
E. Pratt Street, as outlined in red on die plats 
accompanying this ordinance , subject to certain 
conditions . 

BY authority of 

Article 30 - Zoning 
Section(s) 7.1-lcc and 11.0-6d 
Baltimore Gty Code (1983 Replacement Volume, as 
amended) 



553 



cr 



CO 



Ord. 620 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
property known as 1726 E. Pratt Street as outlined in red 
on the plats accompanying this ordinance, imder the 
provisions of Section(s) 7.1-lcc and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended), title "Zoning" , subject to the conditions that: 

(a) the parking lot shall have one entry/egress 
pointjocated on Pratt Street; and 

Cb) the existing masonry wall on the northern 
perimeter of the lot, adjacent to 121 South 
Regester Street, shall remain in place at a 
minimum height of 12 feet 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
pi approves the ordinance, he shall sign the plat. The 

^ Director of Finance shall then transmit a copy of the 

^ ordinance and one of the plats to the following: the 

Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved October 31, 1995 

KURT L. SCHMOKE, Mayor 



554 



Ord. 621 

OTY OF BALTIMORE 

ORDINANCE NO. 621 

(Council Bill No. 550) 

AN ORDINANCE concerning 

ANIMAL CONTROL - VIETNAMESE POT BELLIED PIGS 

FOR the purpose of requiring a permit for the keeping of 
a Vietnamese pot bellied pig. 

BY adding 

Article 11 - Health 
Subtitle - Animal Control 
Section 32(h) 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
C3TY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 11 - HEALTH 

Animal Control 

32. Animal care. 

(H) NO PERSON SHALL KEEP OR PERMIT TO BE 
KEPT ANY VIETNAMESE POT BELLIED PIG WITHOUT A 
PERMIT FROM THE COMMISSIONER OF HEALTH. 

SECZ AND BE IT FURTHER ORDAINED, That this 
ordinazkce shall take effect on the 30th day after the date 
of its 



ApprtTvvd Navwnber 29, 1995 

KURT L. SCHMOKE, Mayor 



555 



Ord. 622 

CITY OF BALTIMORE 

ORDINANCE NO. 622 

(Council Bill No. 1062) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 12 FOOT AIIEY 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore to sell, at either public or private 
sale, all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land no 
CD longer needed for highway or other pubHc use and 

^ known as a 12 foot alley, located 100 feet south of 

Lombard Street. 



or 



CO 



BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
gf CITY COUNCIL OF BALTIMORE, That the Comptroller of 

;j Baltimore Qty be and she is hereby authorized to sell, at 

^ either public or private sale, in accordance with Article V, 

Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Coundl of Baltimore in and to a certain parcel of land no 
longer needed for highway or other pubUc use and known 
as a 12 foot alley located 100 feet south of Lombard 
Street, in the Qty of Baltimore, and described as follows: 

Beginning for the same at the point formed by the 
intersection of the west side of Penn Street, 55 feet wide, 
and the north side of an alley, 12 feet wide, laid out 100 
feet south of Lombard Street, 66 feet wide, and running 
thence binding on the west side of said Penn Street, 
Southerly 12 feet, to intersect the south side of said 12 
foot alley; thence binding on the south side of said 12 
foot alley, Westerly 67.5 feet to the westernmost 
extremity of said 12 foot alley; thence binding on the 



556 



I 



Ord. 623 



westernmost extremity of said 12 foot alley. Northerly 12 
feet to intersect the north side of said 12 foot alley and 
thence binding on the north side of said 12 foot alley. 
Easterly 67.5 feet to the place of beginning. 

Said property being no longer needed for pubUc use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith mitil the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 29, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 623 

(Council Bill No. 1272) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
SHERWOOD FORD - 5200 YORK ROAD 

FOR the purpose of approving the application of 

Vanguard Equities, Inc. to amend the Business Planned 
Development approved by Ordinance No. 189, 
approved October 8, 1984, as amended by Ordinance 
No. 1040, approved July 22, 1987, as amended by 
Ordinance No. 402, approved July 6, 1994, known 
generally as Sherwood Ford, Inc. 

BY authority 

Article 30 - Zoning 
Section 12.0-1 and 12.0-2 

Baltimore Qty Code (1983 Replacement Voltune, as 
amended) 



557 



Ord. 623 



WHEREAS, Ordinance No. 189, approved October 8, 
1984, as amended by Ordinance No. 1040, approved July 
22, 1987, as amended by Ordinance No. 402, approved 
July 6, 1994, approved the application of Sherwood Ford, 
Inc. to have the property known as 5104-5114 and 5200 
York Road, consisting of 6.2 acres, more or less, 
designated a Business Planned Development in 
accordance with Sections 12.0-1 and 12.0-2 of Article 30 
of the Baltimore Qty Code (1983 Replacement Volimie, 
as amended); and 

WHEREAS, Vanguard Equities, Inc. now wishes to 
develop the Area E parcel by constructing a retail drug 
store; and 

WHEREAS, On May 22, 1995, representatives from 
Vanguard Equities, Inc. conferred with representatives of 
CC" the Director of Planning, the designated officer of the 

^ Baltimore Qty Planning ODmmission, to hold a pre- 

*— petition conference to explain the scope and nature of the 

O projxDsed amendment to the Development Plan; and 

fc WHEREAS, That the final design of the project shall be 

Qg submitted for review approval by the Planning 



«C 






Commission; and 

WHEREAS, Together herewdth, Vanguard Equities, Inc. 
has made formal appUcation to the Qty Council of 
Baltimocc intended to satisfy the requirements specified in 
Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore 
Qty Code (1983 Replacement Volimie, as amended); now 
therefore 

SECnON 1. BE IT ORDAINED BY THE MAYOR AND 
Cmr COUNCIL of Baltimore, That the application of 
Vinguard Equities, Inc. to amend the Development Plan 
approved by Ordinance No. 189, approved October 8, 
1964. AS amended by Ordinance No. 1040, approved July 
2Z 1987. as amended by Ordinance No. 402, approved 
July 6. 1994. pursuant to Sections 12.0-1 and 12.0-2 of 
Artick » of the Baltimore Qty Code (1983 Replacement 
Vchmie, as amended), be and it is hereby approved. 



558 



Ord. 623 



SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan for the Property (consisting of 3 4 
sheets identified as follows: Sheet No. 1, Existing 
Conditionct datod Docomberi 1986^ and Amendment to 
Sherwood Ford Inc. P.U.D., PUD-1, dated 9-25-95 Sheet 
No. 2., Sit e Plan^ datod May 3^^ 1995 Plot Plan, sheet 1 
of 1, dated December, 1986, Sheet No. 3., Proposed Site 
Plan, C-1, revised Oct. 10, 1995, and Sheet No. 4., Forest 
Conservation Plan, dated Sept. 25, 1995) as attached to 
this Ordinance and made a part of it, be and is hereby 
approved. 

SEC. 3. AND BE IT FURTHER ORDAINED. That the 
Development Plan will comply with the following 
operational conditions: 

Ca) no liquor, beer or wine will be sold on the 
premises: 

Cb) the store will close no later than 10 p.m. seven 
days a week: and 

Cc) trash pick-up will occur only between the hours 
of 7 a.m. and 8 p.m. 

SEC. 4. AND BE IT FURTHER ORDAINED. That the 
final desism of the proiect shall be approved by the 
Planning Commission. 

SEC. 3 5. AND BE IT FURTHER ORDAINED, That 
upon passage of this Ordinance by the Qty Coimdl, as 
evidence of the authenticity of the Amended Development 
Plan hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, die 
President of the Qty Coimcil shall sign the Amended 
Development Plan, and when the Mayor approves the 
Ordinance, he shall sign the Amended Development Plan. 
The Director of Finance shall then transmit a copy of the 
Ordinance and the Amended Development Plan to the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Suj)ervisor of Assessments for Baltimore 
Qty and the Zoning Administrator of Baltimore Qty. 



559 



CO 

f 



Ord. 624 



SEC. 4 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 29, 1995 

KURT L. SCHMOKE, Mayor 



ENROLLED 

CITY OF BALTIMORE 
ORDINANCE NO. 624 

(CouncU Bill No. 1295) 

O 

g AN ORDINANCE concerning 

^ FRANCHISE - A HEATING AND 

^ CHILLED WATER DISTRIBUTION 

^ SYSTEM SERVING THE CITY OF 

O BALTIMORE 



FOR the purpose of repealing Ordinance No. 1027, 
approved November 24, 1975, and authorizing the 
Baltimore Gas and Electric Company, a body 
corporate, its successors and assigns, to construct, lay, 
operate and maintain subways and pipe lines upon, 
ov e r^ under and along certain streets, lanes and alleys 
in the Qty of Baltimore. 

WHEREAS, Ordinance No. 1027 of the Mayor and Qty 
Council of Baltimore, approved November 24, 1975, 
authorized Baltimore Gas and Electric Company to 
construct, lay, operate and maintain subways and pipe 
lines upon, under and along certain streets, lanes and 
alleys in the Qty of Baltimore for the purpose of 
transmitting heat, or refrigeration, or both; and 

WHEREAS, The said Baltimore Gas and Electric 
Company subsequently exercised the franchise granted by 
said ordinance to transmit heat through its underground 
steam distribution system; and 



560 



1 



Ord. 624 



WHEREAS, In 1983 Baltimore Gas and Electric 
Company entered into an agreement to sell its 
undergroimd steam distribution system; and 

WHEREAS, Upon Baltimore Gas and Electric Company 
transferring legal title to such system, it ceased its 
enjoyment of ie franchise granted to it by Ordinance No. 
1027; and 

WHEREAS, After being out of the heating business for 
over 10 years, Baltimore Gas and Electric Company has 
now decided that it may want to re-enter that business 
and introduce competition into the market; and 

WHEREAS, In May 1995 Baltimore Gas and Electric 
Company formed, and became majority owner of, a 
general partnership, the District Chilled Water General 
Partnership ("Partnership"), to engage in the business of 
constructing, owning and operating facilities in the Qty of 
Baltimore to produce, store and sell chilled water for use 
in air conditioning and hot water and steam production 
for heating and other purposes to mimicipal, state, federal 
and commercial customers; and 

WHEREAS, Baltimore Gas and Electric Company, 
through the said Partoership, desires to construct, own 
and operate a chilled water and/or heating distribution 
system upon, ovor^ under and along certain streets, lanes 
and alleys in the Qty of Baltimore for the piupose of 
transmitting heat, or refrigeration, or both; and 

WHEREAS, For the aforesaid reasons, BGE has applied 
for a grant of a franchise for the purpose of transmitting 
heat and chilled water. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That pennission be and 
it is hereby granted to Baltimore Gas and Electric 
Company, a body corporate (hereinafter called "Grantee"), 
its successors and assigns, to construct, lay, operate and 
maintain subways and pipe lines, including the necessary 
roadway frames, valve boxes, pipes, manholes and other 
appurtenances, over and under the surface of the streets. 



561 



or 



Ord. 624 



lanes and alleys of the Qty of Baltimore or any of them, 
within the district hereinafter designated, or such other 
streets outside said district and contiguous to or 
connecting therewith as the Board of Estimates may, by 
written permission issued by them, authorize and 
designate upon application by Grantee for the purpose of 
transmitting heat or refrigeration, or both heat and 
refrigeration. 

The use of the public streets, lanes or alleys of the Gty 
of Baltimore shall be under such regulations affecting the 
general supervision and maintenance of the public streets, 
lanes and alleys of Baltimore Qty as are now or shall be 
hereafter prescribed by law and the ordinances of said 
Qty; the franchises and permission hereby granted to be 
exercised, used and enjoyed along the streets, lanes or 
alleys, or such of them as the said Grantee, its successors 
and assigns, shall select, within the following district and 
^ such other streets and alleys outside said district as the 

^ Board of Estimates shall approve; viz: beginning at the 

^ intersection of 1-83 and Lanvale Street, and extending 

>» southeasterly along 1-83 to Biddle Street, thence easterly 

fc along Biddle Street to Collington Avenue, thence 

Qg southerly along Collington Avenue to Fleet Street, thence 

westerly along Fleet Street to Ann Street, thence southerly 
along Aim Street to Thames Street, thence southwesterly 
along Thames Street to the Baltimore Harbor and 
continuing in a straight line shown on the attached Plat, 
which is appended hereto and marked Attachment A, to 
the begiiming point at Key Highway, thence south along 
Key Highway to 1-95, thence westerly along 1-95 to 
Monroe Street, thence northwesterly along Monroe Street 
to Washington Boulevard, thence northeasterly along 
Washington Boulevard to Carey Street, thence northerly 
along Carey Street to Lanvale Street, thence northeasterly 
along Lanvale Street to the beginning point at the 
intersection with 1-83; the boundaries of the aforesaid 
district (as described above) are designated on the 
attached plat. 

Authority is hereby granted to said Grantee, its 
successors and assigns, to coimect any buildings, 
warehouses, houses, or dwellings along or upon such 



562 






Ord. 624 



streets, lanes and alleys with its pipes or mains laid evet 
©F under the surface diereof. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
said Grantee is hereby particularly authorized without, 
however, any derogation from the general grant of 
franchise herein, or of other provisions of this ordinance, 
to install and/or operate and maintain the subways and 
pipe lines, including the necessary roadway frames, valve 
boxes, pipes, manholes and other appurtenances in said 
streets, lanes or alleys, or any of them, provided that this 
privilege and right shall only apply to such subways and 
pipe lines, including the necessary roadway frames, valve 
boxes, pipes, manholes and other appurtenances within 
the heretofore described district and described streets 
outside the described district and as to any and all future 
subways and pipe lines, or extensions and appurtenances 
thereto, sought to be laid and maintained outside the 
heretofore described streets, said Grantee shall apply to 
and receive the approval of the Board of Estimates 
therefor as specified in Section 1 of this ordinance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Board of Estimates is hereby authorized and empowered 
to grant permission to said Grantee, its successors and 
assigns, to construct, lay, operate and maintain subways 
and pipe lines, including the necessary roadway frames, 
valve boxes, pipes, manholes and other appurtenances, 
ov e r and imder the surface of such other streets, lanes 
and alleys not within the district and described streets 
specially designated in Section 1 of this ordinance, as they 
shall from time to time decide to be expedient and 
proper. 

SEC. 4. AND BE IT FURTHER ORDAINED, That 

before exercising any of the privileges hereby granted, or 
exercising any extension thereof granted by the Board of 
Estimates as designated herein, but not yet exercised, the 
said Grantee, its successors and assigns, shall cause to be 
filed in the office of the Director of Public Works, before 
doing any of said work, a plan showing the streets, lanes 
and alleys so to be used by it imder this ordinance, and 
showing also the location and character of the proposed 



563 



Ord. 624 



work then in contemplation; and all work to be done by it 
under this ordinance, when said plans shall have been 
approved by the Director of Public Works, shall be 
performed to the satisfaction of the Director of Ihiblic 

Works. 

SEC. 5. AND BE IT FURTHER ORDAINED, That 
whenever work shall be done under this ordinance or 
repairs put upon said work, or any of it, or whenever said 
work or any of it shall be altered, relocated or removed, 
the said Grantee, its successors and assigns, shall be 
responsible for the restoration of all portions of any 
streets, lanes or alleys, which shall be disturbed in the 
doing of such work or repairs, to the same condition that 
Q it or they was or were in before such disturbance, and 

5 shall be responsible for the paving over all excavations 

—J made by it for a period of two years thereafter, all paving 

or and repairing to be done by the Director of Public Works 

as directed bv the Director of Public Works or by parties 
employed by him, and the total cost thereof to be paid by 
O the said Grantee, its successors and assigns. In case the 

>• said Grantee, its successors and assigns, become non- 

^ users of the pipes after laying the same, it shall remove 

OC said pipes from the streets without cost to the Gty of 

pi Baltimore, upon sixty (60) days notice given by the 

^ Director of Public Works. 

SEC 6. AND BE IT FURTHER ORDAINED, That said 
Grantee, its successors and assigns, shall, at all times, be 
subject to such license, taxes, assessments and chai^ges as 
may be duly and lawfully imposed upon persons, firms 
and corporations engaged in the business of supplying 
heat and refrigeration, or either, and for that purpose 
using the streets, lanes and alleys of the Qty. It shall also 
be subject to the Qty ordinances now in existence or 
which may hereafter be lawfully passed, relating to the 
use of public streets, lanes or alleys, or relating to the 
work of putting subways or pipe Hues above or under 
ground and maintaining the same. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall not at any 
time excavate or encumber more of any street, lane or 



564 



5:* 



Ord. 624 



alley, within the district or streets described in Section 1 
of this ordinance, or that may be designated in any 
permission that shall hereafter be granted to it by the 
Board of Estimates, as provided in Section 3 of this 
ordinance, than shall be necessary to enable it to perform 
with proper economy the work of laying said subways or 
pipe lines, nor shall it permit such excavation or 
enamibrance to remain for a longer period than shall be 
reasonably necessary to do the work for which such 
excavation shall have been made, and it shall promptly 
obey and comply with the directions of the Director of 
Public Works in the efficient and diligent performance of 
said work to minimize pubUc inconvenience. 

SEC. 8. AND BE IT FURTHER ORDAINED, That said 
subways and pipe lines shall be laid at least two (2) feet 
below the siuface of said streets, lanes or alleys, and shall 
be so laid as not to obstruct or interfere uimecessarily 
with pubHc travel, or to do damage to public or private 
property whilst the work of excavation and laying and 
constructing said subways and pipe lines shall be going 
on; provided, however, that the sizes and dimensions of 
the conduits in which the said heating and refrigerating 
pipes are laid and enclosed shall be subject to the 
approval of the Director of Public Works as to each street, 
lane or alley, or section thereof, in which said conduits 
are to be laid or renewed from time to time; and provided 
further that the transverse cross section of the conduits in 
which the said refrigerating and heating pipes are laid 
and enclosed shall in no case be of greater horizontal or 
vertical dimensions than four (4) feet. 

SEC. 9. AND BE IT FURTHER ORDAINED, That 
nothing in this ordinance shall be construed to give to the 
said Grantee, its successors and assigns, an exclusive right 
to occupy any of the streets, lanes or alleys embraced m 
and covered by the terms of this ordinance, nor to 
prevent the Mayor and Qty Council of Baltimore from 
granting similar privileges to any other person or 
company, nor to prevent the Mayor and Qty Council of 
Baltimore from granting to such other person or company 
the privilege of laying subways, pipe lines, ducts or 



565 



Ord. 624 



conduits in jvixtaposition to those embraced in this 
ordinance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be liable for 
and shall indemnify and save harmless the Mayor and 
Qty Council of Baltimore against any and all suit or suits, 
losses, claims, demands, damages, costs and/or expenses 
to which said Mayor and Qty Coimdl may from time to 
time be subjected by reason of, or in anywise resulting 
from: A. the presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation 
and/or removal of said subways and pipe lines and 
appurtenances, or any of them, and whether such suit or 
Q suits, losses, claims, demands, costs and/or expenses be 

5 against, suffered or sustained by other corporations and 

— • persons to whom the said Mayor and Qty Council may 

cr become liable therefor; B. the relocation, abandonment or 

^ adjustment of any utilities; and C. any failure on the part 

of said Grantee, its successors and assigns, to perform 
O prompdy and properly any of the duties or obligations 

>- imposed upon it or them by the terms and provisions of 

fc this Ordinance. 

QC 

fe; SEC. 11. AND BE IT FURTHER ORDAINED, That the 

^ said Grantee, its successors and assigns shall, upon 

^ notification by the Director of Public Works or other 

proper municipal official, that the Qty intends to repair, 
relocate, alter or lay sewers, water or other pipes, or 
wires or other municipal construction belon^ng to the 
Qty of Baltimore, at once proceed to remove, relocate or 
alter any of its subways or pipe lines that may interfere 
with the progress of such work by the Director of Public 
Works or other proper municipal official, or else, at the 
option of the Director of Public Works, protect the same, 
at its expense and without cost to the Qty, and if at any 
time or times hereafter in the performance of any public 
work (whether the said work be performed and/or 
financed, either in whole or in part, by the Qty, the State, 
and/or the Federal Government, or any of their agencies), 
the said Director of Public Works shall in his judgment 
determine that the public interest, convenience, safety, 
and/or welfare require the adjusting, altering, shifting. 



566 



Qrd. 624 



moving, relocating, supporting, protecting and/or 
accommodating of any or all of said subways, pipe lines 
and appurtenances the said Grantee, its successors and 
assigns, shall, in any and all such cases promptly upon 
written notice from the Director of Public Works and at 
the entire cost and expense of the said Grantee, its 
successors and assigns, adjust, alter, shift, move, relocate, 
support, protect and/or accommodate their said subways, 
pipe lines and appurtenances, in whole or in part and 
temporarily or permanendy, so as to fully meet the 
exigencies occasioning such notice. And further, in the 
event that Grantee, its successors and assigns, shall, in the 
construction, prosecution or repair of its work injure any 
sewer, water or other pipes, wires or facilities belonging 
to the Qty, the Qty may repair the same at the cost and 
expense of said Grantee. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the 
said Grantee, for and on behalf of itself, its successors and 
assigns, shall, within six (6) months after the passage of 
this ordinance, accept the same in writing, which 
acceptance shall be filed in the Office of the Comptroller 
of the Qty within said period of six (6) months. 

SEC 13. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be entided 
to charge all persons and corporations to whom it shall 
furnish refiigcration or heat under this ordinance such 
sum or sums, its rates being fair and reasonable, for such 
refrigeration as may be established by. and subject to the 
hirisdiction of. the Public Service Commission, if any, or 
heat as nt ^ f b# established b y, and subj e ct to th e 
jwii di t iam tf a nyi of the Public Service Commission of 
Marylaod. 

SEC 14. AND BE IT FURTHER ORDAINED, That the 
franchises and privileges hereby granted are granted 
subject to the rights of the Mayor and Qty Coimcil of 
Balrlnmre as expressed and reserved in the Baltimore Qty 
Charter. Id the event of a conflict between this Ordinance 
and the Ealtimoce Qty Charter, the Baltimore Qty 
Charter shaD prevail. 



567 



Ord. 624 



SEC. 15. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 
reserves the right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
hereof. The franchise herein granted shall be held, 
exercised and enjoyed within six months after the 5n:Bnt 
for a period of fourteen (14) years from the effective date 
of this ordinance, with the further right to the Grantee, at 
a fair revaluation, including in such revaluation the value 
derived from said risght to twenty-five (25) consecutive 
one year renewals of the franchise, each such renewal to 
be for a period of one year, uj)on the same terms and 
conditions as the original fourteen year grant, except as 
otherwise provided herein. Each one year renewal period 
shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action 
^ being taken on behalf of either the Mayor and Qty 

^ Council of Baltimore or the Grantee, but the total period 

^ of time during which the franchise shall operate insofar 

^ as all renewals are concerned, shall not exceed, in the 

fc aggregate, twenty-five years. Provided, that beginning in 

2009 with the expiration of the original fourteen (14) 
year term under this franchise, and each year thereafter 
for the duration of the franchise herein granted, the 
Mayor and Qty Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
provisions hereof, by giving written notice to that effect to 
the Grantee at least one hundred and fifty (150) days 
prior to the expiration of the original fourteen (14) year 
term granted herein or any yearly renewal term herein 
granted and then in effect; any such increase or decrease 
of said franchise charge to be operative as to all yearly 
renewal terms herein granted which become effective 
after any increase or decrease in said franchise charge has 
occurred. 



or 



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2 



SEC. 16. AND BE IT FURTHER ORDAINED, That it is 
hereby agreed by said Grantee for itself, its successors 
and assigns, to pay annually to the Mayor and Qty 
Council of Baltimore as compensation for the use and 



568 



Ord. 624 



occupation by them of the streets, lanes and alleys of the 
aty under the terms of this ordinance, in lieu of an 
easement tax, the simi of 7.5 cents per lineal foot of 
conduit (exclusive of house connections), for all subways 
and pipe lines when the transverse horizontal dimension 
of the conduits in which the heating and refrigerating 
pipes are laid and enclosed does not exceed twenty-four 
(24) inches, and the simi of 15 cents per lineal foot of 
conduit when such transverse cross section of the 
conduits is in excess of twenty-four (24) inches. 

SEC. 17. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall maintain 
the subways and pipe lines for which the franchise is 
herein granted in good condition throughout the full term 
of this grant and so long as said subways and pipe lines 
shall exist within the designated district or such streets 
and alleys outside said district as the Board of Estimates 
shall approve. 

SEC. 18. AND BE IT FURTHER ORDAINED, That 
material non-compliance by said Grantee at any time or 
times, with any of the terms or conditions of the grant 
hereby made shall, at the option of the Qty of Baltimore, 
operate as a forfeiture of said grant, and the Qty of 
Baltimore, acting by and through the Director of Public 
Works, may terminate the license granted herein where 
said Grantee is in material breach of its duties and 
obligations hereunder and said Grantee fails to commence 
to cure such breach or non-compliance as soon as 
practicable but in no event longer than thirty (30) days of 
receipt by said Grantee from the Qty of Baltimore of 
written notice to cure such breach. In the event of a 
failure by Grantee to cure any such breach or non- 
compliance within such 30-day period nothing, other than 
an ordinance of the Qty of Baltimore, shall operate as a 
waiver of any termination or forfeiture of the grant 
hereby made, and the said Grantee hereimder, its 
successors and assigns, shall, at its or their expense, 
remove the subways, pipe lines, etc. for which the 
franchise is herein granted. 



569 



Ord. 624 



SEC. 19. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltiinore Gty shall have the right to revoke, by 
giving written notice to that effect to the Grantee at least 
ninety (90) days prior to the effective date thereof, at any 
time or times, the rights and privileges hereby granted in 
any specific public streets, lanes or alleys when, in his 
judgment, the pubUc interest, welfare, safety, or 
convenience requires such revocation. In the event of 
such revocation, the said Grantee hereunder, its 
successors and assigns, shall, at its or their expense, 
relocate the subways, pipe lines, etc. to other pubHc 
streets, lanes or alleys within the heretofore described 
district or to streets outside the described district if the 
procedure 
Q specified in Section 1 of this ordinance is followed. 

-J SEC. 20. AND BE IT FURTHER ORDAINED, That any 

or removal caused by a forfeiture under Section 18 of this 



ordinance and any relocation caused by a revocation 
imder Section 19 of this ordinance shall be performed in 
a manner satisfactory to the Housing Commissioner, 
Department of Housing and Community Development, 
and the Director of Public Works of Baltimore Qty and 
q£ shall be completed within such reasonable time as shall 

^ be specified in writing by the said Director of Public 



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Works. 

SEC 21. AND BE IT FURTHER ORDAINED, That 
Grantee shall have the right to assign this franchise, in 
whole or in part, provided however that (1) any assignee 
Bgrets to be legally bound by the obligations, terms and 
coxKiitions of this franchise and any assignee shall enter 
into a cootract with Grantee agreeing to be personally 
liable for ail of the obligations of the original Grantee 
uxKier thii franchise, which contract must be submitted to 
axki approved by the Director of Public Works; (2) that 
any aiiigjimcnt of this franchise by Grantee shall not 
cxcuje or relieve the original Grantee from any of its 
obbgatkxtt under this franchise; and (3) that any 
assignment of diis franchise by Grantee shall be limited to 
a partnership or corporation in which Grantee is actively 
involiwd in the operation of that entity and in which 



570 



Ord. 625 



Grantee has at least a fifty percent (50%) ownership 
interest. 

SEC. 22. AND BE IT FURTHER ORDAINED, That 
Ordinance No. 1027, approved November 24, 1975 be 
and the same is hereby repealed; provided, however, that 
no claims, damages, charges and/or liabilities which have 
arisen, accrued or become due imder said Ordinance No. 
1027, approved November 24, 1975, at any time or times 
prior to die effective date of this ordinance, shall be in 
any way affected by the enactment of this ordinance. 

SEC. 23. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 29, 1995 

KURT L. SCHMOKE, Mayor 



I 



OTY OF BALTIMORE 

ORDINANCE NO. 625 

(Council Bill No. 1306) 

AN ORDINANCE concerning 

ELECTED OFHCLUS' SALARIES 

FOR the purpose of increasing the annual salaries of 
elected officials; providing that this ordinance does not 
apply to the salary of the incimibent; and generally 
relating to the salaries of elected officials in Baltimore 
aty. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the annual salaries 
of elected officials are as follows: 

(a) Beginning December 5, 1995 the salary of the 
Mayor is $80,000 $95.000 



571 



or 



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CO 

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9 



Ord. 626 



(h) Beginning December 5, 1995 the salary of the 
Comptroller is $65,000 

(c) Beginning December 7, 1995 the salary of the 
President of the Qty Council is $65,000 

(d) Beginning December 7, 1995 the salary of the 
Vice-President of the Qty Council is $5S,0Q0 
$39.000 

(e) Beginning December 7, 1995 the salary of the 
members of the Qty Council is $36,000 $37,000 

SEC. 2. AND BE IT FURTHER ORDAINED, That, 
pursuant to Article IE, Section 35 of the Constitution of 
Maryland, this ordinance may not be construed to extend 
or apply to the salary or compensation of the elected 
officials of Baltimore Qty in office on the effective date of 



< this ordinance, but the provisions of this ordinance 



concerning the salary or compensation of elected officials 
shall take effect at the beginning of the next following 
term of office of the aforesaid elected officials of 
Baltimore Qty. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 29, 1995 

KURT L. SCHMOKE, Mayor 



QTY OF BALTIMORE 

ORDINANCE NO. 626 

(Council Bill No. 1060) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - HARRISON W. "SYKES" 
BROWN PLAYGROUND 

FOR the purpose of renaming the Qoverdale Playground 

572 



Ord. 627 



Subtitle - Naming Qty Property 
Section 229 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
QTY COUNCIL OF BALTIMORE, That the Qoverdale 
Playground and park area, located at Qoverdale Road 
and Druid Hill Avenue, be and it is hereby named the 
Harrison W. "Sykes" Brown Playground. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 627 

(Council Bill No. 1123) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF A 10 FOOT ALLEY 

FOR the purpose of condemning and opening of a 10 
Foot Alley, 160 feet west of Eutaw Street, extending 
from Qder Alley, Northerly 60.1 feet, more or less, in 
accordance with a plat thereof numbered 349-A-5 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Twenty-Third (23rd) day of August, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter 0964 Revision, as amended) 



573 



Ord. 627 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and open a 10 Foot Alley, 160 feet west of 
Eutaw Street, extending from Gder Alley, Northerly 60.1 
feet, more or less; the alley hereby directed to be 
condemned for said opening being described as follows: 

Beginning for the same at a point on the north side of 
Qder Alley, 20 feet wide, distant 160 feet westerly 
measured along the north side of said Qder Alley from 
the west side of Eutaw Street, 82.5 feet wide, and 
ruiming thence binding on the north side of said Qder 
Alley, Westerly 10 feet, more or less to intersect the west 
Q side of said 10 Foot Alley; thence binding on the west 

side of said 10 Foot Alley, Northerly 60.00 feet, to the 
northernmost extremity of said 10 Foot Alley; thence 
binding on the northernmost extremity of said 10 Foot 
Alley, Easterly 10 feet, more or less to the east side of 
said 10 Foot Alley and thence binding on the east side of 
said 10 Foot Alley Southerly 60.23 feet to the place of 
beginning. 



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The said 10 Foot Alley as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 349-A-5 which 
was filed in the Office of the Department of Public Works 
on the Twenty-Third (23rd) day of August in the year 
1994 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condenmation and opening of said 10 
Foot Alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 



574 



^i 



Ord. 628 



which have been adopted by die Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 628 

(Council Bill No. 1124) 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF A 10 FOOT ALLEY 

FOR the purpose of condemning and closing a 10 Foot 
Alley, 160 feet west of Eutaw Street, extending from 
Qder Alley, Northerly 60.1 feet, more or less, in 
accordance with a plat thereof numbered 349-A-5a 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Twenty-Third (23rd) day of August, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article n - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter 0964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close a 10 Foot Alley, 160 feet west of 
Eutaw Street, extending from Qder Alley, Northerly 60.1 
feet, more or less; the alley hereby directed to be 
condemned for said closing being described as follows: 



575 



Q 

2 

I 

O 



Ord. 629 



and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 629 
(Council Bill No. 1129) 
AN ORDINANCE concerning 

CITY STREET - CLOSING AN ALLEY. 15 FEET WIDE 



l2 FOR the purpose of condemning and closing an alley, 15 

^ feet wide, laid out 100 feet east of 5th Street and 

5 extending from Washburn Avenue Southerly 150 feet 

1 to Talbott Street in accordance with a plat thereof 

numbered 349-A-3 prepared by the Survey Control 
Section and filed in the Office of the Department of 
Public Works, on the Eighteenth (18th) day of July, 
1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Gty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close an alley, 15 feet wide, laid out 100 



578 



Ord. 629 



feet east of 5th Street and extending from Washburn 
Avenue Southerly 150 feet to Talbott Street; the alley 
hereby directed to be condemned for said closing 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Washburn Avenue, 70 
feet wide, and the west side of an alley, 15 feet wide, laid 
out 100 feet east of 5th Street, 70 feet wide, and running 
thence binding on the south side of said Washburn 
Avenue, Easterly 15 feet to intersect the east side of said 
15 foot alley; thence binding on the east side of said 15 
foot alley. Southerly 150 feet to intersect the north side of 
Talbott Street, 30 feet wide; thence binding on the north 
side of said Talbott Street, Westerly 15 feet to intersect 
the west side of said 15 foot alley, and thence binding on 
the west side of said 15 foot alley, Northerly 150 feet to 
the place of beginning. 

The said 15 foot alley as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat nimibered 349-A-3 which 
was filed in the Office of the Department of Public Works 
on the Eighteenth (18th) day of July in the year 1994 and 
is now on file in said Office. 

SEC 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Qjundl of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee limple, until the use tiiereof shall be abandoned by 
the Mayor azki Gty Council of Baltimore, and in the event 
that an>' person, firm or corporation shall desire to 
reroovf . alicr or interfere therewith, such person, firm or 
corporatkxi shall first obtain permission and permits 
therefor froin the Mayor and Qty Council of Baltimore, 
and fthaD kn the application for such permission and 
pemuts agree to pay all costs and charges of every kind 
azvi nature made necessary by such removal, alteration or 
inteifercDce. 



579 



5 



Ord. 629 



SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed imder the provisions of 
this Ordinance until the subsurface structures and 
appurtenances over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
5 said Mayor and Qty Council of Baltimore, acting through 

its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
Q structures and appurtenances used by it therein, for the 

>• purposes of inspection, maintenance, repair, alteration, 

fc relocation and/or replacement, of any or all of said 

Q( structures and appurtenances, and this without 

ftf permission from or compensation to the owner or owners 

^ of said land. 

SEC. 5. AND IT BE FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condenmation and closing of said 15 foot 
alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 



580 



14. 



Qrd. 630 



SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 630 

(Council Bill No. 1134) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE - FOR INTERSTATE 
ROUTES NO. 95 AND NO. 395 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore to sell, either at public or private 
sale, all of the interest of the Mayor and Qty Council 
of Baltimore in and to certain parcels of land known 
as property acquired for Interstate Routes No. 95 and 
No. 395. 

BY authority of 

Article V - Comptroller 

Section 5 (b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller be 
and she is hereby authorized to sell, either at public or 
private sale, in accordance with Article V, Section 5 (b) of 
the Qty Charter (1964 Revision, as amended), all of the 
interest of the Mayor and Qty Coimcil of Baltimore in 
and to property acquired for Interstate Routes No. 95 and 
No. 395 in the Qty of Baltimore, and described as 
follows: 

Right, title and interest in property acquired for 
Interstate Routes No. 95 and No. 395 as shown on plats 
filed in the Office of the Interstate Division for Baltimore 



581 



Ord. 630 



Qty and numbered as follows: I-95-010A, 1-95-01 lA, I- 

95-012A, I-95-013A, I-95-014A, I-95-119A, I-95-120A, I- 

95-121A, I-95-124A, I-95-216A, I-95-220A, I-95-130A, I- 

95-131A, I-95-134A, I-95-132A, I-95-136A, I-95-238A, I- 

95-207A, I-95-207B, I-95-208A, I-95-209A, I-95-210A, I- 

95-181A, I-95-182A, I-95-158A, I-95-199A, I-95-198A, I- 

95-193A, I-95-194A, I-95-195A, I-95-196A, I-95-200A, I- 

95-200B, I-95-161A, I-95-297A, I-395-017A, I-395-017B, 

I-395-004A, I-395-004B, I-395-004C, I-395-040A, 1-395- 

040B, I-395-040C, I-395-040D, U-142-079A, U-142-031A, 

I-395-033A, I-395-020A, I-95-259A, I-95-259B, I-95-260A, 

I-95-260B, I-95-260C, I-95-304A, I-95-304B, I-95-304C, I- 

95-304D, I-95-304E, I-95-304F, I-95-304G, I-95-304H, I- 

95-148A, I-95-148B, I-95-148C, I-95-250A, I-95-250B, I- 

Q 95-250C, I-95-250D, I-95-250E, I-95-250F, I-95-249A, I- 

^ 95-249B, I-95-251A, I-95-252A, I-95-254A, I-95-142A, I- 

2 95-142B, I-95-142C, I-95-369A, I-95-369B, I-95-114A, I- 

fc 95-109A, I-95-422A, I-95-421A, I-95-039A, I-95-041A, I- 

5 95-040A, I-95-037A, I-95-101A, I-95-036A, I-95-036B, I- 

J 95-035A, I-95-035B, I-95-034A, I-95-033A, I-95-019A, I- 

O 95-019B, I-95-019C, I-95-018A, I-95-020A, I-95-021A, I- 

>• 95^30A, I-95-022A, I-95-023A, I-95-024A, I-95-025A, I- 

fc 95-026A, I-95-027A, I-95-028A, I-95-032A, I-95-029A, I- 

S 95-030A, and I-95-031A. 

^ Together with the privilege in and to the use of the 

• casements as shown on the above mentioned plats and 

listed as follows: 

1. Perpetual easements for the maintenance and repair of 
ramps, signs and lights. 

2. Perpetual aerial and subterranean easements for 
Interstate Route Nos. 95 and 395. 

3. Ptrpetual easements for piers and maintenance. 

4. Prrpetual easements for aerial highway structure and 

5. Prrperual easements for columns, piers and 
subcerrax^an footings and piles. 



582 



Qrd. 630 



6. Perpetual aerial easements for highway construction 
and maintenance. 

7. Perpetual aerial easements for highway structure and 
bridge pier construction and maintenance. 

8. Perpetual non-exclusive easement for highway 
construction and maintenance. 

9. Perpetual easements for highway construction and 
maintenance. 

10. Perpetual easements for bridge pier construction 
and maintenance. 

11. Revocable easement for construction and 
maintenance of pedestrian overpass. 

12. Perpetual easements for drainage and lighting 

facility. 

13. Perpetual aerial easement at and above elevation 
104.0 feet. 

14. Perpetual easements for high mast light standard. 

15. Perpetual easement from Maryland Stadium 
Authority. 

16. Perpetual aerial and subterranean easement for 
pedestrian overpass. 

17. Perpetual easements for channel and drainage. 

18. Perpetual subsurface easements for piles. 

19. Perpetual easements for drainage facility. 

20. Perpetual easements for retaining walls. 

Subject to easements and rights of way as shown on 
the above mentioned plats and listed as follows: 



583 



z 






Ord. 630 



1. Perpetual easements for bridge roadway surface 
maintenance and repair for Caton Avenue, Eastern 
Avenue and Job Avenue. 

2. Rigbts of way for Municipal Utilities and Services. 

3. Perpetual subterranean easements for sanitary sewer. 

4. Perpetual easement for bigb voltage cable and above 
ground electric lines. 

5. Perpetual easements for conduit construction and 
maintenance. 

6. Perpetual easements for channel and drainage. 

7. An exclusive and perpetual easement for the 
maintenance and unimpeded use of an existing spur 
line of the Canton Railroad. 



Q 8. Perpetual subterranean easements for municipal 

V utilities and services. 

fc 
«0 



9. Perpetual easements to the Maryland Stadium 
Authority. 

10. A surface easement for use as part of a playground 
facihty. 

11. Perpetual easements for Central Light Rail. 

12. Pedestrian easements. 

13. Perpetual non-exclusive easements to the Maryland 
Stadium Authority. 

14. CSX Transportation, Inc. railroad right of way 
(tunnel) and surface easements. 

15. Perpetual aerial easement for railroad structures. 



584 



Ord. 631 



SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 631 

(Council Bill No. 1175) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - EDGEWOOD ROAD 

FOR the purpose of repealing Ordinance No. 801, 
approved October 25, 1982, which provided for 
reserved handicapped parking on the west side of 
Edgewood Road south of Dorithan Road for Edna 
Mclver. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 801, 
approved October 25, 1982, is hereby repealed and the 
authorization for reserved handicapped parking on the 
west side of Edgewood Road south of Dorithan Road for 
Edna Mclver therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



585 



2 



Ord. 632 

CITY OF BALTIMORE 

ORDINANCE NO. 632 

(CoimcU BiU No. 1176) 

AN ORDINANCE concerning 

MILITARY SERVICE CREDIT 

FOR th e purpoce of providing that credit for military 
s e rvic e shall b e grant e d to any m e mb e r of th e 
Employ e es' R e tir e m e nt System who hac acquir e d 10 
y e ars of cr e ditabl e s e rvic e i 

FOR the purpose of modifying both the age requirements 
and service with age requirements which currently 
fc must be met in order to receive military service credit 

S as an Employees' Retirement System Class A, B, or C 

^ member. 

O 

^ BY repealing and reordaining with amendments 

5 Article 22 - Retirement Systems 

Subtitle - Employees' Retirement System 

Section - 4Cf) and 9(d)(2) 
1^ Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

4. Service creditable. 

CO CREDIT FOR MILITARY SERVICE PRIOR TO 
EMPLOYMENT. Notwithstanding any other provisions of 
this subtitle, upon proper application to the retirement 



586 



•0 

oc 



i 



Ord. 632 



system. UP TO THREE YEARS OF credit SHALL BE 
GRANTED for military service, as defined in Section 4Ce) 
of this subtide, fshall be sgrantedl to any Qass A or Qass 
B member who has served in the military prior to 
employment with the Gty, provided Fsaid member has 
attained the age of sixty (60) and acquired at least ten 
(lO years of service, or has acquired thirty (30) years of 
service prior to such applicationi: 

CD IF THE MEMBER TERMINATES EMPLOYMENT 
ON OR BEFORE DECEMBER 31, 1995, THE MEMBER 
HAS ACQUIRED AT LEAST TEN CIO) YEARS OF SERVICE 
AND HAS ATTAINED AT LEAST AGE SPOT C60). OR 
THE MEMBER HAS ACQUIRED THIRTY CSO) OR MORE 
YEARS OF SERVICE. REGARDLESS OF AGE: OR 

(2) IF THE MEMBER TERMINATES EMPLOYMENT 
ON OR AFTER JANUARY 1. 1996, THE MEMBER HAS 
ACQUIRED AT LEAST TEN CIO) YEARS OF SERVICE AND 
HAS ATTAINED AT LEAST AGE SPOT C60), OR THE 
MEMBER HAS ACQUIRED TWENTY C20) OR MORE 
YEARS OF SERVICE. REGARDLESS OF AGE. 

C3) However, a member shall not be awarded 
credit if he has received credit for a period of military 
service under any other retirement system for which 
retirement benefits have been or will be received by him; 
however, this exclusion does not apply to any such credit 
provided through Federal Old-Age and Survivors 
Insurance CSocial Security), or to any benefits provided 
under Title 3 or Tide 10, Chapter 67, Sections 1331 
through 1337 of the U.S. Code. In addition, the military 
service credit herein provided shall not exceed three C3) 
years. The Gty shall make all necessary contributions to 
the pension and annuity funds for the funding of military 
service credit. The Board of Trustees is hereby authorized 
to issue rules and regulations to carry out the provisions 
of this section, notwithstanding any present rules and 
regulations to the contrary. IThe provisions of this 
section shall apply to all retirees and beneficiaries of the 
retirement system who are receiving periodically paid 
benefits on the effective date of this ordinance, regardless 
of their date of retirement, provided that at the time of 



587 



Ord. 632 



retirement the retiree met the age and service 
requirements stated above.] 

9. Qass C membership. 

(d) Rights of s e rvic e m e ni 

(3) Notwithctanding any othor pro\icion of this 
subtitl e ) upon prop e r appUcation to th e R e tir e ment 
Syst e m^ cr e dit for military 6 e r\ice} ac d e fin e d in S e ction 
9(d)(1) of this cubtid e , shall b e grant e d to any Qacs C 
memb e r who has sor^^od in th e military prior to 
e mploym e nt with th e Gty^ provided said m e mb e r has 
acquir e d at l e ast ten (10) y e ars of s e rvic e [at the normal 
retirement date of age sixty-five (65), or has acquired 
thirty-five (35) years of service at age sixty-two (62), if 
the member terminates employment on or before June 
28, 1993, or has acquired thirty (30) or more years of 
service, regardless of age, if the member terminates 
employment on or after June 29, 1993, prior to such 
application. However, for a member who terminates 
employment on or after June 29, 1993, the preceding 
sentence shall be read by substituting "age sixty-two (62)" 
for "age sixty-five (65)"]. 

(d) Rights of servicemen. 

(2) CREDIT FOR MILITARY SERVICE PRIOR TO 
EMPLOYMENT. NOTWITHSTANDING ANY OTHER 
PROVISION OF THIS SUBTITLE, UPON PROPER 
APPLICATION TO THE RETIREMENT SYSTEM. UP TO 
THREE YEARS OF CREDIT SHALL BE GRANTED FOR 
MILITARY SERVICE, AS DEFINED IN SECTION 9CD)C1) 
OF THIS SUBTITLE, TO ANY CLASS C MEMBER WHO 
HAS SERVED IN THE MILITARY PRIOR TO 
EMPLOYMENT WITH THE CITY. PROVIDED: 

(I) IF THE MEMBER TERMINATES 
EMPLOYMENT ON OR BEFORE JUNE 28. 1993. THE 
MEMBER HAS ACQUIRED AT LEAST TEN (10) YEARS 
OF SERVICE AND HAS ATTAINED AT LEAST AGE 
SIXTY-FIVE (65), OR THE MEMBER HAS ACQUIRED 



588 



Ord. 632 



THIRTY-FIVE CSS^) YEARS OF SERVICE AND HAS 
ATTAINED AT LEAST AGE SIXTY-TWO (62): 

CID IF THE MEMBER TERMINATES 
EMPLOYMENT ON OR AFTER JUNE 29. 1993 AND 
ON OR BEFORE DECEMBER 31, 1995. THE MEMBER 
HAS ACQUIRED AT LEAST TEN (10) YEARS OF 
SERVICE AND HAS ATTAINED AT LEAST AGE SDCTY- 
TWO (62). OR THE MEMBER HAS ACQUIRED 
THIRTY (30) OR MORE YEARS OF SERVICE, 
REGARDLESS OF AGE: OR 

(m) IF THE MEMBER TERMINATES 
EMPLOYMENT ON OR AFTER JANUARY 1. 1996. THE 
MEMBER HAS ACQUIRED AT LEAST (10) YEARS OF 
SERVICE AND HAS ATTAINED AT LEAST AGE SDOY- 
TWO (62). OR THE MEMBER HAS ACQUIRED 
TWENTY (20) OR MORE YEARS OF SERVICE. 
REGARDLESS OF AGE. 

However, a member shall not be awarded credit if he 
has received credit for a period of military service under 
another retirement system, for which retirement benefits 
have been or will be received by him: however. tHs 
exclusion does not apply to any such credit provided 
through Federal Old-Age and Survivors Insurance (Sodal 
Security), or to any benefits provided under Tide 3 or 
Title 10, Chapter 67. Sections 1331 through 1337 of the 
U.S. Code. In addition^ the military service credit herein 
provided shall not exceed three (3) years. The Qty shall 
make all necessary contributions to the pension and 
annuity funds for the funding of military service credit. 
The Board of Trustees is hereby authorized to issue rules 
and regulations to carry out the provisions of this section, 
notwithstanding any present rules and regulations to the 
contrary. 

SEC. 2. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



589 



Old. 633 



CITY OF BALTIMORE 

ORDINANCE NO. 633 

(CoiincU Bill No. 1178) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF A 3 FOOT ALLEY 

FOR the purpose of condemning and opening a 3 foot 
alley laid out in the rear of the properties known as 
Nos. 1201 thru 1213 Wilcox Street lying within the 
Johnston Square Urban Renewal Project in accordance 
with a plat thereof numbered 331-A-ll prepared by 
the Survey Control Section and filed in the Office of 
the Department of Public Works, on the Twelfdi 
(12th) day of January, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be and is hereby authorized and directed to 
condemn and op>en a 3 foot alley laid out in the rear of 
the properties known as Nos. 1201 thru 1213 Wilcox 
Street, lying v\dthin the Johnston Square Urban Renewal 
Project; the said 3 foot alley hereby directed to be 
condenmed for said opening being described as follows: 

Beginning for the same at the point formed by the 
intersection of the nortli side of an alley, 10 feet wide, 
laid out 80 feet north of Biddle Street, 66 feet wide and 
the west side of an alley, 3 feet v^de, laid out 51 feet east 
of Wilcox Street, 20 feet wide and running thence binding 
on the west side of said 3 foot alley. Northerly 85 feet to 



590 



Ord. 634 



the northernmost extremity of said 3 foot alley; thence 
binding on the northernmost extremity of said 3 foot 
alley, Easterly 3 feet to intersect the east side of said 3 
foot alley; thence binding on the east side of said 3 foot 
alley, Southerly 85 feet to intersect the north side of said 
10 foot alley and thence binding on the north side of said 
10 foot alley. Westerly 3 feet to the place of beginning. 

The said 3 foot alley as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 331-A-ll which 
was filed in the Office of the Department of Public Works 
on the Twelfth (12th) day of January in the year 1994 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said 3 foot 
alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 634 
(Council Bill No. 1179) 



591 



Old. 634 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF A 3 FOOT ALLEY 

FOR the purpose of condemning and closing a 3 foot alley 
laid out in the rear of the properties known as Nos. 
1201 thru 1213 Wilcox Street, lying within the 
Johnston Square Urban Renewal Project in accordance 
with a plat thereof numbered 331-A-llA prepared by 
the Survey Control Section and filed in the Office of 
the Department of Public Works, on the Twelfth 
(12th) day of January, 1994. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close a 3 foot alley laid out in the rear of 
the properties known as Nos. 1201 thru 1213 Wilcox 
Street, lying within the Johnston Square Urban Renewal 
Project; the said 3 foot alley hereby directed to be 
condemned for said closing being described as follows: 

Beginning for the same at the point formed by the 
intersection of the north side of an alley, 10 feet wide, 
laid out 80 feet north of E. Biddle Street, 66 feet wide 
and the west side of an alley, 3 feet wide, laid out 51 feet 
east of Wilcox Street, 20 feet wide and running thence 
binding on the west side of said 3 foot alley, Northerly 85 
feet to the northernmost extremity of said 3 foot alley; 
thence binding on the northernmost extremity of said 3 
foot alley, Easterly 3 feet to intersect the east side of said 
3 foot alley, thence binding on the east side of said 3 foot 
alley, Southerly 85 feet to intersect the north side of said 
10 foot alley and thence binding on the north side of said 
10 foot alley, Westerly 3 feet to the place of beginning. 



592 



Ord. 634 



The said 3 foot alley as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 331-A-llA which 
was filed in the Office of the Department of Public Works 
on the Twelfth (12th) day of January in the year 1994 
and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, imtil the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been dosed imder the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and imder the direction 
of the Direaor of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this leakXL 

SEC 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 



593 



Ord. 634 



the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore City, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closmg of said 3 foot 
alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



594 



Ord. 635 



CITY OF BALTIMORE 

ORDINANCE NO. 635 

(Council Bill No. 1182) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

CONVALESCENT, NURSING, AND REST HOME - 2401 

CALLOW AVENUE 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of a 
convalescent, nursing, and rest home , for no more 
than 11 residents, including the resident manager, on 
the property known as 2401 Callow Avenue, as 
outlined in red on the plats accompanying this 
ordinance, subject to final licensure by the State 
Department of Health and Mental Hygiene. 

BY authority of 

Article 30 - Zoning 

Sections 4.8-ld-l and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as 

amended) 
and 

Article 12 - Hospitals 
Section 1 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted to Raymond Siromons for the 
establishment, maintenance and operation of a 
convalescent, nursing, and rest home , for no more than 
11 residents, including the resident manager, on the 
property known as 2401 Callow Avenue, as outlined in 
red on the plats accompanying this ordinance, under the 
provisions of Sections 4.8-ld-l and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended) tided "Zoning", and Section 1 of Article 12, 



595 



Ord. 636 



titled "Hospitals" of the Baltimore Gty Code (1983 
Replacement Volume, as amended), subject to final 
licensure by the State Department of Health and Mental 
Hygiene. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore City and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 636 

(Council Bill No. 1195) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - BALTIMORE STREET 

FOR the purpose of repealing Ordinance No. 489, 

approved May 11, 1990, which provided for reserved 
parking on the south side of Baltimore Street from 
South Street to Commerce Street for Liquor Board 
employees displaying permits. 



596 



li 



Ord. 637 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 489, 
approved May 11, 1990, is hereby repealed and the 
authorization for reserved parking on the south side of 
Baltimore Street from South Street to Commerce Street 
for Liquor Board employees therein provided, is hereby 
rescinded. 

SEC. 2, AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 637 

(Council Bill No. 1196) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - STREEPER STREET 

FOR the purpose of repealing Ordinance No. 384, 
approved May 3, 1985, which provided for reserved 
parking on the west side of Streeper Street south of 
Fait Avenue for Albert C. Antczak. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 384, 
approved May 3, 1985, is hereby repealed and the 
authorization for reserved parking on the west side of 
Streeper Street south of Fait Avenue for Albert C Antczak 
therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTPIER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



597 



Old. 638 

CITY OF BALTIMORE 

ORDINANCE NO. 638 

(Council Bill No. 1211) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - 

FEDERAL STREET AND 

GUILFORD AVENUE 

FOR the purpose of repealing Ordinance No. 530, 
approved October 21, 1985, which provided for 
reserved parking on the south side of Federal Street 
west of Guilford Avenue and the west side of Guilford 
Avenue south of Federal Street for the Department of 
Social Services/Protective Services Division displaying 
Permit. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 530, 
approved October 21, 1985, is hereby repealed and the 
authorization for reserved parking on the south side of 
Federal Street west of Guilford Avenue and the west side 
of Guilford Avenue south of Federal Street for the 
Department of Social Services/Protective Services Division 
displaying Permit therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 639 
(CouncU BUI No. 1212) 
AN ORDINANCE concerning 

598 



Ord. 640 



REPEAL OF RESERVED PARKING - MILTON AVENUE 

FOR the purpose of repealing Ordinance No. 822, 
approved December 2, 1986, which provided for 
reserved handicapped parking on the east side of 
Milton Avenue south of Qiase Street for George Alice 
Gipson. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 822, 
approved December 2, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 
east side of Milton Avenue south of Chase Street for 
George Alice Gipson therem provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE 



CITY OF BALTIMORE 

ORDINANCE NO. 640 

(Council Bill No. 1213) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - STREEPER STREET 

FOR the purpose of repealing Ordinance No. 804, 
approved October 22, 1986, which provided for 
reserved handicapped parking on the east side of 
Streeper Street south of Jefferson Street for Bemice 
Shannon. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 804, 
approved October 22, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 



599 



Ord. 641 



east side of Streef)er Street south of Jefferson Street for 
Bemice Shannon therein provided, is hereby rescinded. 

SEC. 2. AISTD BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 641 

(Council Bill No. 1240) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - PIMLICO ROAD 

FOR the purpose of repealing Ordinance No. 201, 
approved December 8, 1988, whidi provided for 
reserved handicapped parking on the east side of 
Pimlico Road north of Green Meadow Parkway for 
Milton B. Cooper. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 201, 
approved December 8, 1988, is hereby repealed and the 
authorization for reserved handicapped parking on the 
east side of Pimlico Road north of Green Meadow 
Parkway for Milton B. Cooper therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



I 



600 



Ord. 642 



CITY OF BALTIMORE 

ORDINANCE NO. 642 

(Council BUI No. 1242) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE IN RESTAURANT WITH WINDOW SERVICE - 

5713 BELAIR ROAD 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a drive- 
in restaurant with window service on the property 
known as 5713 Belair Road, as outlined in red on the 
plats accompanying this ordinance subject to a certain 
condition . 

BY authority of 

Article 30 - Zoning 
Sections 6.3-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a drive-in restaurant with window service on 
the property known as 5713 Belair Road, as outlined in 
red on the plats accompanying tliis ordinance, imder the 
provisions of Sections 6.3-ld-3 and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended) titled "Zoning" , subject to the condition that 
the size of freestanding signs on the subject property shall 
be limited to 80 square feet . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 



601 



Ord. 643 



approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 643 

(CouncU Bill No. 1265) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT - REAR PORTIONS OF 1523-1535 

N. GILMOR STREET;1520 AND 1522 SCHOOL 

STREET; AND LOTS 54 AND 

52/53 OF BLOCK 23 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties known as the 
rear portions of 1523-1535 N. Gihnor Street; 1520 and 
1522 School Street; and Lots 54 and 52/53 of Block 
23, as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 
Section(s) 4.8-ld and 11.0-6d 



602 



I 



Ord. 644 



Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
QTY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties known as the rear portions of 1523-1535 N. 
Giknor Street; 1520 and 1522 School Street; and Lots 54 
and 52/53 of Block 23 as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
SectionCs) 4.8-ld and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended), tide "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Coimcil, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat Tlie 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Commimity Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 644 
(Council Bill No. 1270) 



603 



Ord. 644 



AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE-IN RESTAURANT WITH A 

DRIVE-THROUGH WINDOW - 

901 MCCULLOH STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a drive- 
in restaurant with a drive-through window on the 
property known as 901 McCulloh Street, as outlined in 
red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 
Sections 6.3-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
op>eration of a drive-in restaurant with a drive-through 
window on the property known as 901 McCulloh Street, 
as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 6.3-ld-3 and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning App>eals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 



604 



Ord. 645 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 645 

(Council Bill No. 1282) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CLARINTH ROAD 

FOR the purpose of repealing Ordinance No. 941, 

approved May 15, 1987, which provided for reserved 
handicapped parking on the south side of Qarinth 
Road cast of Reisterstown Road for Reva Salkin. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 941, 
approved May 15, 1987, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Qarinth Road east of Reisterstown Road for 
Reva Salkin therein provided, is hereby rescinded. 

SEC Z AND BE IT FURTHER ORDAINED, That this 
ordioance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 646 
(Council Bill No. 1283) 



605 



Ord. 647 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - MIDHEIGHTS ROAD 

FOR the purpose of repealing Ordinance No. 878, 
approved February 26, 1987, which provided for 
reserved handicapped parking on the north side of 
Midheights Road east of Gist Avenue for Severn 
Kerxton. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 878, 
approved February 26, 1987, is hereby repealed and the 
authorization for reserved handicapped parking on the 
north side of Midlieights Road east of Gist Avenue for 
Severn Kerxton therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE. Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 647 

(Council Bill No. 1284) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 707 NORTH BROADWAY 

FOR the purpose of authorizing the construction and 
maintenance of an entrance canopy projecting 
approximately 15 feet into the public right-of-way and 
eight bollards, with their respective footings, 
projecting no more than 9 feet into the public right-of- 
way on the east west side of the property known as 
707 North Broadway. 

BY autliority 

606 



Ord. 648 



Article 32 - Building Code 

Qiapter 32 - Construction in the Public Right-of-Way 
Section 3202.1, 3205.4 
Baltimore Qty Building Code (1994 Edition, 
as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of an entrance canopy and eight 
bollards are hereby authorized on the east west side of 
the property known as 707 North Broadway. The canopy 
shall be approximately 45 feet 6 inches wide and shall 
project into the public right-of-way approximately 15 feeL 
The bollards shall be approximately 14 inches in diameter 
and 30 inches high and shall project into the public right- 
of-way no more than 9 feet. 

Except as specifically provided in this ordinance, all 
ordinances and rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and maintenance of these structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That tiiis 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 648 

(Council BUI No. 1289) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME - 3809 BELLE AVENUE 

FOR the purpose of granting permission to Samuel J. 
Neal, III for the establishment, maintenance and 
operation of a nursing home, for no more than 18 



607 



Ord. 648 



residents, on the property known as 3809 Belle 
Avenue, as outlined in red on the plats accompanying 
this ordinance, subject to final licensur e by certain 
conditions, th e State Dopartmont of Health and Mental 
Hygi e n e and subj e ct to the condition that the Planning 
Commission shall have final approval of th e d e sign 
and landscape planc4 

BY authority of 

Article 30 - Zoning 

Sections 4.5-ld-l and 11.0-6d 

Baltimore Gty Code (1983 Replacement Volume, as 

amended) 
and 
Article 12 - Hospitals 
Section 1 
Baltimore Qty Code (1983 Replacement Volimie, as 

amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted to Samuel J. Neal, III for the 
establishment, maintenance and operation of a nursing 
home, for no more that 18 residents, on the property 
known as 3809 Belle Avenue, as outlined in red on the 
plats accompanying this ordinance, imder the provisions 
of Sections 4.5-ld-l and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) tided "Zoning", and Section 1 of Article 12, 
title •Hospitals" of the Baltimore Qty Code (1983 
Replacement Volume, as amended), subject to fiaal 
lio » n < v y r » by the following conditions: 

1. Any change in ownership or operation must be 
reviewed at a Board of Municipal Zoning Appeals 
(BMZA) public hearing: 

2. Prior to increasing the number of residents or 
beginning Phase II (renovation of the garage 
iTTUCture for senior assisted living), the applicant 
must receive City Council approval through an 
ordinance: 



608 



Ord. 648 



3. The applicant must have received State 
licensing and have completed construction by July 
1, 1996; 

4. Any repairs, maintenance or additions must 
match the existing building in materials and colors 
(particularly the siding); and 

5. The Planning Department shall have final 
approval of the design and landscape plans. 

th e Stat e D e partm e nt of H e alth and Mental Hygi e ne and 
subject to th e condition that th e Planning Commission 
shall hav e final approval of th e d e sign and landscap e 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That tiiis 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



609 



Ord. 649 

CITY OF BALTIMORE 

ORDINANCE NO. 649 

(CoiincU BUI No. 1296) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - SPARK COURT 

FOR the purpose of authorizing the construction and 
maintenance of a handicapped ramp projecting 
approximately 3 feet 3 inches into the public right-of- 
way on the ea&t north side of the property known as 
2011 Spark Court. 

BY authority 

Article 32 - Buildmg Code 

Chapter 32 - Construction in the I^iblic Right-of-Way 
Section 3205.7 

Baltimore Qty Building Code (1994 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of a handicapped ramp are hereby 
authorized on the east north side of the property known 
as 2011 Spark Court. The ramp shall be approximately 3 
feet 4 1/2 inches wide. The structure shall project into 
the public right-of-way approximately 3 feet 3 inches. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and maintenance of this structure. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



610 



Ord. 650 



CITY OF BALTIMORE 

ORDINANCE NO. 650 

(Council BiU No. 1303) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 
810 SOUTH GLOVER STREET 

FOR the purpose of authorizing the construction and 
maintenance of a platform and wheelchair lift 
projecting approximately 4 feet 7 inches into the 
public right-of-way on the west east side of the 
property known as 810 South Glover Street 

BY authority of 

Article 32 - Building Code 

Chapter 32 - Construction in the Public Right-of-Way 
Section 3205.7 

Baltimore Qty Building Code (1994 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of a platform and wheelchair lift are 
hereby authorized on the west east side of the property 
known as 810 South Glover Street The platform shall be 
approximately 5 feet 5 inches wide. The structure shall 
project into the public right-of-way approximately 4 feet 7 
inches. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
Qty Coimcil of Baltimore shall be complied with in the 
construction and maintenance of this structure. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L SCHMOKE, Mayor 



611 



Ord. 651 



CITY OF BALTIMORE 

ORDINANCE NO. 651 

(Council Bill No. 1305) 

AN ORDINANCE concerning 

ELECTED OFFICL\LS' RETIREMENT SYSTEM 

FOR the piupose of providing for the vesting of deferred 
benefits for members of the Elected Officials' 
Retirement System of a certain age and after a certain 
amoimt of service p e riod of timo and a cortain ajgo , 

BY renumbering 

Article 22 - Retirement Systems 
Subtide - Elected Officials' Retirement System 
Section 22(1) to be Section 22(p) 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 22 - Retirement Systems 
Subtide - Elected Officials' Retirement System 
Sections 220),(m),(n), and (o) 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 220) of 
Article 22 - Retirement Systems of the Baltimore Gty ■ 

Code (1983 Replacement Volume, as amended) be • 

renumbered to be Section 22(p). 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
Section(s) of the Baltimore Gty Code (1983 Replacement 
Volume, as amended) be added, repealed or amended, to 
read as follows: - 



612 



Ord. 651 



ARTICLE 22 - RETIREMENT SYSTEMS 

Elected Officials' Retirement System 

22. Benefits. 

(L) DEFERRED VESTED BENEFIT. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 
THIS SUBTITLE, SHOULD A MEMBER OF THIS SYSTEM 
LEAVE OFFICE AFTER ACQUIRING TWELVE (12) YEARS 
OF SERVICE (BUT LESS THAN SDCTEEN (16) YEARS OF 
SERVICE), AND NOT HAVING ATTAINED AGE 50, SUCH 
MEMBER MAY ELECT TO HAVE HIS ACCUMULATED 
CONTRIBUTIONS REMAIN IN THE SYSTEM WITH 
REGULAR INTEREST THEREON WHILE THE MEMBER IS 
NO LONGER IN OFFICE, AND UPON ATTAINING THE 
AGE OF FIFTY (50), SUCH MEMBER SHALL BE 
ENTITLED TO RECEIVE A VESTED BENEFIT AS 
PROVIDED BELOW IN SECTION 22(M), PROVIDED 
WRITTEN APPUCATION IS FILED WITH THE BOARD OF 
TRUSTEES NOT LESS THAN THIRTY (30) DAYS AND 
NOT MORE THAN NINETY (90) DAYS PRIOR TO THE 
DATE BENEFITS ARE TO COMMENCE. 

(M) ALLOWANCE ON DEFERRED VESTED 
RETIREMENT BENEFITS. A MEMBER ENTITLED TO 
RECEIVE A DEFERRED VESTED BENEFIT SHALL 
RECEIVE A RETIREMENT ALLOWANCE PAYABLE FOR 
THE LIFE OF THE MEMBER, TERMINATING AT HIS 
DEATH, WITH NO BENEFITS PAYABLE TO HIS 
BENEFICLflJlIES OR HIS ESTATE. THE MAXIMUM 
DEFERRED VESTED BENEFIT WHICH SHALL CONSIST 
OF THE FOLLOWING: 

(i) AN ANNUITY WHICH SHALL BE THE 
ACTUARLU EQUIVALENT OF HIS ACCUMULATED 
CONTRIBUTIONS AT THE TIME BENEFITS COMMENCE; 
AND 

(ii) A PENSION, WHICH TOGETHER WITH THE 
ANNUITY SHALL BE EQUAL TO TWO AND ONE-HALF 
PERCENT (2 1/2%) OF THE CURRENT ANNUAL 
EARNABLE COMPENSATION APPLICABLE TO THE 



613 



Ord. 651 



OFFICE THE MEMBER LEFT, MULTIPLIED BY THE 
NUMBER OF YEARS OF HIS MEMBERSHIP CREDIT. 

(N) OPTIONAL RETIREMENT ALLOWANCES. 

(1) ANY MEMBER WHO IS ENTITLED TO RECEIVE 
THE MAXIMUM DEFERRED VESTED RETIREMENT 
ALLOWANCE MAY ELECT TO RECEIVE SUCH 
ALLOWANCE, OR HE MAY ELECT TO RECEIVE THE 
ACrUARL^L EQUIVALENT OF SUCH ALLOWANCE IN A 
LESSER AMOUNT PAYABLE THROUGHOUT HIS LIFE IN 
ACCORDANCE WITH THE FOLLOWING PROVISIONS: 

OPTION 1. IF SAID MEMBER DIES BEFORE 
RECEIVING IN TOTAL BENEFITS THE VALUE OF HIS 
ALLOWANCE, THE BALANCE SHALL BE PAID TO HIS 
LEGAL REPRESENTATIVES OR TO SUCH PERSON AS HE 
SHALL NOMINATE BY WRITTEN DESIGNATION DULY 
ACKNOWLEDGED AND FILED WITH THE BOARD OF 
TRUSTEES; 

OPTION 2. UPON HIS DEATH, HIS 
ALLOWANCE SHALL BE CONTINUED THROUGHOUT 
THE LIFE OF AND PAID TO SUCH PERSON AS HE SHALL 
NOMINATE BY WRITTEN DESIGNATION DULY 
ACKNOWLEDGED AND FILED WITH THE BOARD OF 
TRUSTEES AT THE TIME OF HIS RETIREMENT; 

OPTION 3. UPON HIS DEATH, ONE-HALF (1/2) 
OF HIS ALLOWANCE SHALL BE CONTINUED 
THROUGHOUT THE LIFE OF AND PAID TO SUCH 
PERSON AS HE SHALL NOMINATE BY WRITTEN 
DESIGNATION DULY ACKNOWLEDGED AND FILED 
WITH THE BOARD OF TRUSTEES AT THE TIME OF HIS 
RETIREMENT; OR 

OPTION 4. SOME OTHER PERIODICALLY PAID 
BENEFIT OR BENEFITS SHALL BE PAID TO THE 
MEMBER OR TO SUCH PERSON OR PERSONS AS HE 
SHALL NOMINATE, PROVIDED SUCH OTHER BENEFIT 
OR BENEFITS SHALL BE CERTIFIED BY THE ACTUARY 
TO BE OF EQUIVALENT ACTUARJAL VALUE TO HIS 



614 



f 



Old. 651 



DEFERRED VESTED BENEFIT, AND SUBJECT TO 
APPROVAL BY THE BOARD OF TRUSTEES. 

(2) ANY LIVING RETIRED MEMBER SHALL HAVE 
THE RIGHT, WITHIN THIRTY (30) DAYS AFTER THE 
EFFECTIVE DATE OF HIS RETIREMENT, AND NOT 
THEREAFTER, TO CHANGE HIS ELECTION OF THE 
MAXIMUM RETIREMENT ALLOWANCE TO ANY ONE OF 
THE OPTIONS HEREINBEFORE SET FORTH, OR TO 
CHANGE HIS ELECTION OF ANY ONE OF SAID OPTIONS 
TO ANOTHER ONE OF SAID OPTIONS, OR TO CHANGE 
HIS ELECTION FROM ANY ONE OF SAID OPTIONS TO 
THE MAXIMUM DEFERRED VESTED RETIREMENT 
ALLOWANCE. ANY LIVING RETIRED MEMBER SHALL 
HAVE THE RIGHT, WITHIN THIRTY (30) DAYS AFTER 
THE EFFECTIVE DATE OF HIS RETIREMENT, TO 
CHANGE HIS DESIGNATION OF A BENEHCIARY; BUT 
THEREAFTER NO SUCH CHANGE MAY BE MADE IN 
CONNECTION WITH ANY OPTION HEREINBEFORE SET 
FORTH WHICH PROVIDES FOR THE PAYMENT OF A 
RETIREMENT ALLOWANCE TO AND THROUGHOUT THE 
LIFE OF THE BENEHCL^RY DESIGNATED. 

THE ELECTION OF ANY OPTION OR ANY CHANGE IN 
CONNECTION THEREWITH SHALL BE MADE ON FORMS 
PROVIDED FOR THAT PURPOSE BY THE RETIREMENT 
SYSTEMS OFFICE OF THE CITY OF BALTIMORE, AND 
FILED WITH SAID OFHCE. 

(3) IF ANY LIVING RETIRED MEMBER CHANGES 
THE TYPE OR KIND OF RETIREMENT ALLOWANCE 
ELECTED BY HIM, AS PROVIDED HEREINBEFORE, THEN 
ANY PAYMENTS WHICH MAY HAVE BEEN MADE TO 
HIM PRIOR TO SUCH CHANGE ARE TO BE TAKEN INTO 
ACCOUNT IN ARRIVING AT THE AMOUNT TO BE PAID 
TO HIM IN CONNECTION WITH THE RETIREMENT 
ALLOWANCE FINALLY SELECTED. 

(4) ANY MEMBER WHO RETIRES AND 
THEREAFTER DIES WITHIN THIRTY (30) DAYS AFTER 
THE EFFECTIVE DATE OF HIS RETIREMENT AND WHO 
HAS BEEN GRANTED A RETIREMENT ALLOWANCE OF 
MAXIMUM DEFERRED VESTED BENEFITS UNDER THIS 



615 



Old. 651 



SUBSECTION, OR WHO HAS ELECTEX) TO RECEIVE ONE 
OF THE OPTIONAL RETIREMENT ALLOWANCES 
AVAILABLE IN LIEU THEREOF, SHALL BE CONSIDERED 
AS DYING IN ACTIVE SERVICE, AND THE ORDINARY 
DEATH BENEFITS PROVIDED IN SECTION 22(J) SHALL 
BE PAID IN LIEU OF THE BENEFITS PROVIDED IN THIS 
SUBSECTION. 

(5) ANY DEFERRED VESTED RETIREMENT 
ALLOWANCE PAYMENTS MADE TO A RETIRED 
MEMBER WHO DIES WITHIN THIRTY (30) DAYS AFTER 
THE EFFECTIVE DATE OF HIS RETIREMENT SHALL BE 
OFFSET AGAINST ANY AMOUNTS PAYABLE UNDER THE 
PROVISIONS OF SECTION 22(J). 

(6) SHOULD A MEMBER WHO IS E>JTITLED TQ 
ELIGIBLE FOR A DEFERRED VESTED BENEFIT DIE 
AFTER LEAVING OFFICE AND BEFORE ATTAINING AGE 
FIFTY (50), OR BEFORE PROPERLY FILING AN 
APPLICATION FOR BENEFITS UNDER SECTION 22a) 
WITH THE RETIREMENT SYSTEMS OFFICE, THE 
AMOUNT OF HIS ACCUMULATED CONTRIBUTIONS 
WITH INTEREST TO THE DATE OF HIS DEATH SHALL 
BE PAID TO HIS ESTATE, OR TO SUCH PERSON AS HE 
SHALL HAVE NOMINATED BY WRITTEN DESIGNATION 
DULY ACKNOWLEDGED AND FILED WITH THE BOARD 
OF TRUSTEES. THE BENEFICL^RY OR THE ESTATE OF 
A DECEASED MEMBER WHO DIES BEFORE ATTAINING 
AGE FIFTY (50) OR BEFORE FILING A PROPER 
APPLICATION FOR BENEFITS, SHALL NOT BE ENTITLED 
TO ANY BENEFITS UNDER THIS SUBTITUE OTHER 
THAN THE RETURN OF THE DECEASED MEMBER'S 
ACCUMULATED CONTRIBUTIONS WITH INTEREST TO 
THE DATE OF DEATH. 

(Q) REFU^JD OF ACCUMULx^TED CONTRIBUTIONS. 
SHOULD A MEMBER OF THIS SYSTEM LK ' WE OFFICE 
FOR Am REASON OTHER THi^^J DEATH OR 
RETIREMEMT miDER THE PRQ\aSIQNS OF THIS 
SUBTITLE, HE SHALL BE PAID HIS ACCUMULATED 
CQ^nRIBUTIQNS WITH I^^EREST CREDITED TO HIS 
LAST Dx^Y IN OFFICE. 



616 



Ord. 652 



CO) REFUND OF ACCUMULATEX) CONTRIBUTIONS. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY 
CONTAINED ELSEWHERE IN SECTION 22, A MEMBER 
WHO TERMINATES EMPLOYMENT PRIOR TO 
ATTAINING ELIGBBILITY TO RECEIVE ANY BENEFITS 
UNDER THIS SECTION 22 SHALL RECEIVE A REFUND 
OF HIS ACCUMULATED CONTRIBUTIONS WITH 
INTEREST CREDITED TO HIS LAST DAY IN OFHCE. 



SEC. 3. AND BE IT FURTHER ORDAINED, That, 
pursuant to Article HI, Section 35 of the Constitution of 
Maryland, this ordinance may not be construed to extend 
or apply to the salary or compensation of the elected 
officials of Baltimore Qty in office on the effective date of 
this ordinance, but the provisions of this ordinance 
concerning the salary or compensation of elected officials 
shall take effect at the beginning of the next following 
term of office of the aforesaid elected officials of 
Baltimore Gty. 

SEC 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of this enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 652 

(Council Bill No. 1311) 

AN ORDINANCE concerning 

CnY STREET - OPENING HIGH ALLEY 

FOR the purpose of condemning and opening High Alley 
eitrryimf from Central Avenue Westerly 468 feet, 
more or kest, to Aisquith Street in accordance with a 
pUt thereof numbered 349-A-lO prepared by the 
SuTfey Control Section and filed in tiie Office of the 



617 



Ord. 652 



Department of Public Works, on the Twenty-Second 
(22nd) day of August, 1995. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open High Alley extending from Central 
Avenue Westerly 468 feet, more or less, to Aisquith 
Street; the alley hereby directed to be condemned for said 
opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the west side of Central Avenue, 100 feet 
wide, and the south side of High Alley, 20 feet wide, said 
point of beginning being distant North 03* 05' 20" West 
2.09 feet measured along the west side of said Central 
Avenue from the northwest side of Fayette Street, 100 
feet wide, and running thence binding on the south side 
of said Hi2h Alley, South 86* 53' 20" West 468.36 feet to 
intersect the east side of Aisquith Street, 65 feet wide; 
thence binding on the east side of said Aisquith Street, 
North 02* 45' 40" West 20.00 feet to intersect the north 
side of said High Alley; thence binding on the north side 
of said High Alley, North 86* 53' 20" East 468.24 feet to 
intersect tne west side of said Central Avenue, and thence 
binding on the west side of said Central Avenue, South 
03* 05' 20" East 20.00 feet to the place of beginning. 

All course and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said High Alley as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 349-A-lO which 
was filed in the Office of the Department of Public Works 



618 



Ord. 653 



on the Twenty-Second (22nd) day of August in the year 
1995 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said High 
Alley and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maiyland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the CJeneral Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved December 1, 1995 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 653 

(Council Bill No. 1312) 

AN ORDINANCE concerning 

CITY STREET - CLOSING HIGH ALLEY 

FOR the purpose of condemning and closing High Alley 
extending from Central Avenue Westerly 468 feet, 
more or less, to Aisquith Street in accordance with a 
plat thereof numbered 349-A-lOA prepared by the 
Survey Control Section and filed in the Office of the 
Department of Public Works, on the Twenty-Second 
(22nd) day of August, 1995. 



619 



Ord. 653 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close High Alley extending from Central 
Avenue Westerly 468 feet, more or less, to Aisquith 
Street; the alley hereby directed to be condemned for said 
closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the west side of Central Avenue, 100 feet 
wide, and the south side of High Alley, 20 feet wide, said 
point of beginning being distant North 03** 05' 20" West 
2.09 feet measured along the west side of said Central 
Avenue from the northwest side of Fayette Street, 100 
feet wide; and running thence binding on the south side 
of said Hieh Alley, South 86'' 53' 20" West 468.36 feet to 
intersect the east side of Aisquith Street, 65 feet wide; 
thence binding on the east side of said Aisquith Street, 
North 02* 45' 40" West 20.00 feet to intersect the north 
side of said High Alley; thence binding on the north side 
of said Hiffh Alley, North 86' 53' 20" East 468.24 feet to 
intersect me west side of said Central Avenue, and thence 
binding on the west side of said Central Avenue, South 
03* 05' 20" East 20.00 feet to the place of beginning. 

All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Sunry Control System. 

Thr Mid High Alley as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particulariy shown on a plat numbered 349-A-lOA which 
%rM fUed In the Office of the Department of PubHc Works 
GO the Twenty-Second (22nd) day of August in the year 
199S axxl is now on file in said Office. 



620 



Qrd. 653 



SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed iinder 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimor